1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, May 14, 2012 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 PRESENT: H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 23 GUY R. OVERBY, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 24 BRUCE OEHLER, Commissioner Pct. 4 25 ABSENT: PAT TINLEY, Kerr County Judge 2 1 I N D E X May 14,2012 2 PAGE 3 1.1 Public Hearing concerning revision of plat for Lots 1 & 2 of River Park Estates, Precinct 3 4 4 1.2 Consider/discuss, take appropriate action to 5 approve final revision of plat for Lots 1 & 2 of River Park Estates, Precinct 3 5 6 --- Commissioners' Comments 7 7 --- Visitors' Input 18 8 1.3 Consider/discuss, take appropriate action to fill open 14.1 road maintenance technician 9 position at Road and Bridge Department 19 10 1.4 Consider/discuss, take appropriate action to determine policy for booking events at Hill 11 Country Youth Exhibit Center for 2013 21 12 1.5 Consider/discuss, take appropriate action on request from Kerr Central Appraisal District 13 Board of Directors to repair and resurface their parking lot 25 14 1.8 Consider/discuss, take appropriate action on 15 implementation of the Burn Ban 27 16 1.9 Acknowledge receipt of quarterly investment report from Patterson and Associates for quarter 17 ending 3-31-12 27 18 1.11 Consider/discuss, take appropriate action to terminate agreement with Dental Select Vision 19 effective May 31, 2012 28 20 1.12 Consider/discuss, take appropriate action to enter into agreement with Avesis Vision effective 21 June 1, 2012 30 22 1.6 Consider/discuss, take appropriate action on Order Authorizing Publication of Notice of 23 Intention to Issue Certificates of Obligation to fund planning/design costs related to the 24 construction of new wastewater treatment system in Center Point area 31 25 3 1 I N D E X (Continued) May 14, 2012 2 PAGE 1.7 Consider/discuss, take appropriate action to 3 amend TWDB application relating to Center Point project to include funding for land/easements 4 acquisition through the EDAP program 37 5 1.15 Consider/discuss, take appropriate action on proclamation declaring May 19, 2012 as Hunt 6 Centennial Celebration Day in Kerr County, Texas 43 7 1.10 Consider/discuss, take appropriate action to establish Kerr County recycling program and to 8 contract with Allied Waste Service to dispose of county recyclables 45 9 4.1 Pay Bills 53 10 4.2 Budget Amendments 53 4.3 Late Bills -- 11 4.4 Approve and Accept Monthly Reports 54 12 5.1 Reports from Commissioners/Liaison Committee Assignments 55 13 5.2 Reports from Elected Officials/Department Heads 57 14 1.13 Public Hearing on County Clerk's Records Archival Plan for the budget cycle 2012/13 63 15 1.14 Consider/discuss, take appropriate action to 16 approve County Clerk's Records Archival Plan for budget year 2012/13 64 17 --- Adjourned 66 18 19 20 21 22 23 24 25 4 1 On Monday, May 14, 2012, at 9:00 a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 COMMISSIONER BALDWIN: Good morning, ladies and 8 gentlemen. This is Commissioners Court -- Kerr County 9 Commissioners Court. We're in a meeting here at 9 a.m. 10 Monday, May 14th, 2012. It is that time. Commissioner 11 Overby? 12 COMMISSIONER OVERBY: Let's stand for a word of 13 prayer. 14 (Prayer and pledge of allegiance.) 15 COMMISSIONER BALDWIN: Thank you. We're going to 16 get into our comments in a few minutes. I want to go ahead 17 and take care of this public hearing. I'm now going to 18 recess the regular Commissioners Court meeting, and we're 19 going to pull up Item 1.1, a public hearing concerning the 20 revision of plat for Lots 1 and 2 of River Park Estates, 21 Volume 4, Page 42, Precinct 3. 22 (The regular Commissioners Court meeting was closed at 9:01 a.m., and a public hearing was held in open 23 court, as follows:) 24 P U B L I C H E A R I N G 25 COMMISSIONER BALDWIN: Mr. Odom, do you have any 5-14-12 5 1 comments to make? On -- 2 MR. ODOM: On this? 3 COMMISSIONER BALDWIN: Yes, sir. 4 MR. ODOM: No. This is for the public hearing, 5 right? 6 COMMISSIONER BALDWIN: That is correct. Do you 7 have any comments to make at this point? 8 MR. ODOM: At this point, I don't. 9 COMMISSIONER BALDWIN: Okay. This is open for 10 anyone with a concern. Anyone from the public who has a 11 concern over the revision of plat of River Park Estates, Lots 12 1 and 2? I see none coming, so we'll close the public 13 hearing and go back to the Commissioners Court -- regular 14 Commissioners Court meeting. 15 (The public hearing was concluded at 9:02 a.m., and the regular Commissioners Court meeting was 16 reopened.) 17 - - - - - - - - - - 18 COMMISSIONER BALDWIN: And go to item 1.2; 19 consider, discuss, and take appropriate action approving the 20 final revision of plat for Lots 1 and 2 of River Park 21 Estates, Volume 4, Page 42, Precinct 3. Mr. Odom? 22 MR. ODOM: Yes, sir. Mr. and Mrs. Walden own Lots 23 1, 2, and 3 of River Park Estates, Volume 4, Page 42, 24 Precinct 3. Lot 3 will remain the same, and Lot 2 will go 25 from .719 acres into .927 acres, and Lot 1 will go from 5-14-12 6 1 seven-tenths of an acre to five-tenths, and will become an 2 unbuildable lot, as noted in general notes under Item Number 3 9. At this time, we ask the Court for their final approval 4 concerning the revision of plat for Lots 1 and 2 of River 5 Park Estates, Volume 4, Page 42, Precinct 3. 6 COMMISSIONER BALDWIN: Entertain a motion. 7 COMMISSIONER LETZ: Move approval. 8 COMMISSIONER OEHLER: Second. 9 COMMISSIONER BALDWIN: A motion and a second. Any 10 discussion at this time? 11 COMMISSIONER LETZ: I'll just make a note that this 12 -- these lots are obviously smaller than our rules allow, but 13 we're taking two buildable lots and converting them into one 14 buildable lot, even though the acreage is still, you know, 15 less than normal. But we've done similar things in the past, 16 and it's an improvement over what's there right now. 17 MR. ODOM: Yes, sir. Thank you. And most of the 18 lots -- a lot of the lots in there are about this size that 19 we just changed it to, so Lot 1 is going to be unbuildable. 20 I don't see a problem with it. 21 COMMISSIONER BALDWIN: Any further discussion? All 22 in favor, please say "aye" and raise your right hand. 23 (The motion carried by unanimous vote.) 24 COMMISSIONER BALDWIN: Aye. Is that a little bit 25 too much, right hand and say "aye"? 5-14-12 7 1 COMMISSIONER OEHLER: Mm-hmm. 2 COMMISSIONER LETZ: You're the boss. For today. 3 COMMISSIONER BALDWIN: We're going to go back and 4 do some other things; we'll call the next one in just a 5 minute. 6 MR. ODOM: Oh, okay. Sure. 7 COMMISSIONER BALDWIN: All right. Let's go into 8 the comments section with Commissioners. Do you have any 9 issues to bring before the Commissioners Court and the public 10 this morning? 11 COMMISSIONER OVERBY: Commissioner Baldwin, I've 12 got a few things I'd like to go ahead and recognize, and some 13 things that are happening in Kerr County that I think we need 14 to be very -- very proud of. One of those things is we all 15 know that today, Judge Pat Tinley is up in Alaska on a far 16 trip right now with Linda and Kit Werlein and those folks 17 there right now, and they're taking care of business. But a 18 good bit of information that was just recognized here at Kerr 19 County last week, and Kerr County had earned the 2012 Gold 20 Leadership Circle award. The application -- this is on our 21 Texas transparency website. But our application scored 20 22 out of 20 for our awareness for our Texas transparency on our 23 website, which displays the gold seal to indicate the award. 24 There were only two counties in the state of Texas that were 25 given the Texas Comptroller's leadership circle gold 5-14-12 8 1 membership, and it was awarded to Kerr County. 2 I'm going to read this for the record, but I want 3 to say the Texas Comptroller Leadership Circle gold member 4 award was to set the bar for financial transparency and 5 opening their books to the public. The Texas Comptroller's 6 Leadership Circle program recognizes local governments across 7 Texas that are investing to meet a high financial 8 transparency online by providing citizens with a clear, 9 constant picture of spending and sharing information in their 10 user-friendly formats. You are setting a strong example for 11 other government entities to follow. Signed by Susan Combs, 12 our Texas state Comptroller. But I think that we need to 13 give a lot of special recognition -- Tracy Soldan also helped 14 with that application process, and did a wonderful job. But 15 our transparency for this County's recognition, and to only 16 have two counties in the state of Texas recognized for this 17 award says something about our folks here, and just 18 congratulations to them on that award. 19 A couple of other things I would like to -- to also 20 mention. This past Saturday was a really special day in the 21 community of Center Point, where we had the grand opening and 22 the ribbon-cutting ceremony for Camp C.A.M.P. And we've 23 talked about the aquatic center that was opened up there, and 24 it was just really a neat deal last week for so many -- so 25 many special needs kids, not only from our area, but for 5-14-12 9 1 other folks that were out there. Had a good visit with 2 Gordon Hartman and those folks out there who really made that 3 project where it was a $3 million project; basically, they 4 finished for about a million and a half dollars. And it's 5 going to be an exciting facility for this community and for 6 kids and special needs, and it was a special time. I 7 encourage the Commissioners to go out there and see that kind 8 of facility that's out there, and to go look at it. 9 And one last thing I'd like to mention -- 10 Commissioner Baldwin, I'm using my time up here, and not 11 later in the meeting. I did also go -- and I'd like to note 12 to the Commissioners, I went last Wednesday to hear the 13 recent information released on the Eagle Ford play and how it 14 impacts Kerr County and adjacent counties. Just a summary of 15 that real quickly. In 2011, the Eagle Ford development had a 16 25 million -- billion, excuse me -- $25 billion impact in the 17 20-county area in Texas as far as the development of oil and 18 gas play in 2011. The 14-county area that makes up the Eagle 19 Ford and the adjacent counties, and we're called an extension 20 of the adjacent counties in Kerr County, but the total 21 economic impact -- I know, Commissioner Baldwin, you're -- on 22 the big numbers of these reports, how they can be, but in 23 2021, we're forecasting just in that year, the economic 24 benefit to the state of Texas will be over $92 billion. 25 Currently, the Eagle Ford is playing about a -- 40,000 jobs 5-14-12 10 1 have been created since the development three years ago, and 2 by 2021, 120,000 jobs will be created just out of this 3 development. So, I think it's just -- it's very important 4 for the county as this continues to grow down there. We're 5 only at the tip of the iceberg of that development, but Kerr 6 County stands an opportunity to really benefit as far as jobs 7 that could be created and new sales tax and those things, and 8 I think it would be interesting. But it was a great report, 9 and all the judges in that area were down there, and good 10 meeting, so I just wanted to share that with you and thank 11 you. 12 COMMISSIONER BALDWIN: Good, thank you. Mr. Letz? 13 COMMISSIONER LETZ: A couple things. First, 14 congratulations to Mayor-elect Pratt, who's in the audience, 15 and also to Councilman-elect MacDonald and re-election of 16 Councilman Allen. Look forward to working with everybody 17 over at the City as they take their offices. The other 18 thing, over the weekend I met with a group, the Comfort -- 19 they're called Coalition -- Comfort Coalition Floodplain -- 20 Comfort Floodplain Coalition, that's it. And it's an 21 interesting group, because under the new FEMA maps that were 22 drawn, or I guess released not too long ago, virtually the 23 entire community of Comfort is now in the floodplain. The -- 24 for those that drive through, the Super S store in the middle 25 of town, it's in the floodplain now. Bank of the Hills is 5-14-12 11 1 probably the only building not in the floodplain, 'cause it 2 was raised slightly when they built it. But pretty much the 3 entire community is now -- was put in the floodplain, which 4 causes a bit of a problem for a community and insurance. So, 5 this group's looking at -- it was formed to kind of look at 6 things, and I've got involved with them largely because 7 they're looking at flood control structures potentially in 8 Kerr County, and they're looking at Guadalupe River and 9 Cypress Creek, which are the -- they're joined right in 10 Comfort. That causes the problem. And it's interesting 11 because of the -- if there is some sort of -- anyway, it's 12 basically more of a regional look at the -- the flooding 13 issue. But also, if you build any structures, you start 14 impounding water, which starts looking at solving another 15 problem of water and ASR. So, it's kind of all being looked 16 at together. Interesting meeting. UGRA's kind of -- they're 17 aware of it. GBRA's aware of it, the Commissioners Court in 18 both counties. So, it's something that's going on. It's 19 going to be a long-term project, whatever -- if anything is 20 done, but it's something that I just thought I'd bring to 21 your attention. 22 COMMISSIONER BALDWIN: What are you talking about? 23 Are you talking about building a dam? A lake in the Comfort 24 area? 25 COMMISSIONER LETZ: Probably not a -- it would be a 5-14-12 12 1 dam, but it would be a flood control structure that would 2 never -- not be intended to hold water. It would be 3 something -- it would be more to back it up and then let it 4 go down. It wouldn't be -- but it would be -- and it may 5 hold some water all the time, but not -- it wouldn't be a big 6 lake. That's not the intent. The intent is to stop the 7 flooding, and they're looking at it. And, you know, right 8 now they're trying to figure out what feasibility studies 9 have been done in the past. They know there's been studies 10 on the Guadalupe; they know there's been studies on Cypress 11 Creek, but no one can put their hands on them, so they're 12 trying to go back through the Corps of Engineers and 13 U.S.G.S., the people that did it, and kind of say, "Where 14 are the potential sites?" You know, and start looking at it. 15 So -- 16 COMMISSIONER BALDWIN: What about the -- in the 17 town of Comfort, where is the 100-year flood? I mean, 18 where's the line on that? 19 COMMISSIONER LETZ: Well, they've -- what has 20 happened, there's a couple of draws, I would call them, that 21 go into Comfort, into the middle of Comfort, and those draws 22 are causing the floodplain to expand. The highest the water 23 has been, to my knowledge, is -- oh, you go into town 24 between -- where Twin Gables used to be, the barbershop right 25 there, whatever the last name is, right around there. So, 5-14-12 13 1 it's kind of right where that first blinking light is going 2 into Comfort. That's about as high as I've ever known the 3 water to get. But then when it goes around the other side, 4 it's -- there's a little Mexican restaurant right before you 5 cross the old the Highway 27 Guadalupe River bridge, and it 6 comes around there, but it all backs up. The Guadalupe River 7 fills up; when it gets to a point that no more water can 8 flow, the water starts backing up. 9 COMMISSIONER OVERBY: Sounds like a dangerous place 10 to put a county seat for Kerr County, doesn't it? 11 COMMISSIONER LETZ: Maybe that's why they moved it. 12 COMMISSIONER BALDWIN: Maybe. Anything else? 13 COMMISSIONER LETZ: That's it. 14 COMMISSIONER BALDWIN: Commissioner Oehler? 15 COMMISSIONER OEHLER: Several things. The Hunt 16 Centennial start is Saturday. It will be from -- the parade 17 starts at 9:00. I think the thing is over pretty well in 18 town at 7:00, and I think it moves up to Crider's, whoever 19 wants to go for a rodeo and dance and all that sort of thing, 20 if you want to do that. There's been about a two-year 21 planning process on this thing, and it's got 54 floats 22 entered in that little parade. I'm not sure where we're 23 going to put them all. Guess they'll spread them out 24 somewhere. The other thing is, I've been directly hands-on 25 involved last week with taking the Ag Barn down, and we're 5-14-12 14 1 halfway. And we're not quite halfway on the tonnage of the 2 steel we're recycling. And Jon tells me -- I didn't -- I was 3 going to call, but he told you that we had done 71 tons last 4 week, most of it done with a very limited crew because we had 5 the rain and what-have-you. But that totals up somewhere 6 around $15,000 recycle for last week, and then this week, if 7 we have a good -- good week and we don't have breakdowns or 8 anything, I believe we'll be through before Friday. But 9 we'll send the rest of it to recycle, and then Road and 10 Bridge will start work on the pad and everything, site work. 11 Hope the soil tests get finished and we get those this week. 12 That's mostly it. 13 COMMISSIONER LETZ: To follow up on that, what the 14 dollars mean is that there will be close to zero dollars 15 spent on the demolition of that structure. 16 COMMISSIONER OEHLER: That's great. 17 COMMISSIONER LETZ: Direct dollars. I mean, 18 there's indirect dollars of Road and Bridge time and staff, 19 and for the -- Commissioner Oehler spent a lot of time out 20 there, all week out there. But the cost of the excavator, 21 fuel, all of that will be paid for by the salvage and scrap, 22 which is -- we didn't budget that way. We were conservative, 23 like we usually are in our budgets, but we're coming out on 24 the good end, looks like. 25 COMMISSIONER OEHLER: That's true. And what we're 5-14-12 15 1 having to take to the dump is the roof material, which is -- 2 it's real strange stuff. It's kind of like plaster of paris 3 with paper over it; then it has tar and gravel over that, so 4 it's fairly lightweight. But we do have a lot that -- I 5 think last week, one haul -- what was it, 125 tons or 6 something? I can't remember. Didn't have much, with the 7 rain. We did pretty well. $1,100 we paid in dump fees -- or 8 we're supposed to pay from last week. So, there will be some 9 dump fees involved, but I think we're going -- it's going to 10 be pretty doggone good. Better than paying a contractor 11 $100,000 to do it, and then them get the scrap too. So, it's 12 a -- it's a really good, efficient way to do it, do as much 13 as we can in-house before we do have to have a contractor to 14 do the building. But I'll spend however many days this week 15 it takes to help, because our road crews are tied up with 16 cleaning off some of the debris and road washouts and things 17 from the rain last week, so it's just really Deter and I. 18 We're the crew. 19 COMMISSIONER BALDWIN: Who's the boss? 20 COMMISSIONER OEHLER: You know, we don't have one. 21 COMMISSIONER BALDWIN: I see. 22 COMMISSIONER OEHLER: But we decided it was okay; 23 nobody bothers us much, and we just kind of do it, quietly 24 move on. But, anyway, that's what'll happen this week, and 25 hopefully it'll all -- all get done. But that's the -- it's 5-14-12 16 1 working a little better than I thought it would. The 2 estimate -- 3 COMMISSIONER OVERBY: Appreciate everything you're 4 doing, Commissioner, on that. That's quite a -- it's neat to 5 see what's going on. A lot of buzz out there. 6 COMMISSIONER OEHLER: Don't take Letz' idea and 7 make me pay for running the excavator. That ain't going to 8 work. 9 COMMISSIONER BALDWIN: I think it's illegal to have 10 as much fun as you're having, though. 11 COMMISSIONER OEHLER: It probably is, but -- 12 COMMISSIONER BALDWIN: City ordinance or something. 13 COMMISSIONER OEHLER: -- but you never have enough 14 fun -- too much fun. That's it. 15 COMMISSIONER BALDWIN: Back to the Hunt issue, I 16 think there's six bands going to perform out there, and four 17 of them are local people. 18 COMMISSIONER OEHLER: Yeah. 19 COMMISSIONER BALDWIN: And a couple of those have 20 been out on our front lawn before, and just top of the line, 21 I mean, musicians. So, I think there's a couple of 22 foreigners. 23 COMMISSIONER OEHLER: Well, I will say that -- I 24 just forgot something about the Hunt deal. They're not going 25 to have many vendors, if any, out there having any kind of 5-14-12 17 1 cold drinks or much to eat. It's going to be at the Hunt 2 Store, Elaine's Table, and the little taco stand. So, if 3 you -- if you don't want to get too thirsty or hungry, you 4 need to take your own stuff. 5 COMMISSIONER BALDWIN: That's a good -- excellent 6 point. 7 COMMISSIONER OVERBY: That's good. 8 COMMISSIONER OEHLER: 'Cause I think there's going 9 to be a heck of a crowd. 10 COMMISSIONER BALDWIN: "Stuff" meaning beer? 11 COMMISSIONER OEHLER: Well, that would be your 12 choice. 13 COMMISSIONER BALDWIN: Yeah. 14 COMMISSIONER OEHLER: But, anyway -- 15 COMMISSIONER BALDWIN: Sheriff, you have any 16 comment on the parade? 17 SHERIFF HIERHOLZER: No. I've got a lot -- 18 COMMISSIONER BALDWIN: You have anything to say? 19 SHERIFF HIERHOLZER: -- a lot of officers working 20 traffic up there through the weekend. I hope we can keep it 21 organized. 22 COMMISSIONER OEHLER: It will be kind of funny. I 23 think the parade goes down the wrong side of the road. 24 COMMISSIONER OVERBY: Where are they going to start 25 at? 5-14-12 18 1 COMMISSIONER OEHLER: Hunt Methodist Church, and 2 come down to 39 and go in front of the store and 1340. 3 COMMISSIONER OVERBY: Okay. 4 COMMISSIONER OEHLER: Up to School Road, and then 5 they're going to end it at the school. 6 COMMISSIONER OVERBY: Okay. 7 SHERIFF HIERHOLZER: It's going to be interesting. 8 COMMISSIONER BALDWIN: Perfect. 9 COMMISSIONER OEHLER: And they're letting me -- 10 they invited me to ride, you know, me and my wife, taking my 11 dog with us, and we're riding with Marvin Neunhoffer in his 12 touring car, his Model T. 13 COMMISSIONER BALDWIN: Sorry I missed that. 14 COMMISSIONER OEHLER: So, that should be 15 interesting. I hope he puts some gas in it before we start. 16 COMMISSIONER BALDWIN: Well, thank you. Thank you. 17 All right, let's open it up to the public. If there's anyone 18 in the -- in the audience that has a comment to make to the 19 Commissioners Court that is not an agenda item, we ask you to 20 come forward, come forth -- or fifth, either one -- to make a 21 comment to the Commissioners Court. 22 SHERIFF HIERHOLZER: Two things real quick. Number 23 one is, I did already go over and early vote. And I think it 24 was -- last weekend's election showed us how important our 25 election's going to be this year, and I've seen more 5-14-12 19 1 contested races, some of them heated or whatever, this year 2 in our local races. And I think this Court and everybody 3 really needs to encourage people to get out and vote. I hope 4 apathy hasn't taken place since it's been so long. The other 5 thing is, this is a national law enforcement memorial week to 6 pay tribute and prayer to all our fallen law enforcement 7 officers. And, unfortunately, Texas is leading the nation in 8 the number of officers killed in the line of duty last year. 9 So, just ask that everybody keep all our officers and their 10 families in their prayer. 11 COMMISSIONER OVERBY: Thank you. 12 COMMISSIONER BALDWIN: Thank you very much. Yes, 13 ma'am? 14 MS. HARGIS: I didn't know if perhaps the Court had 15 received an e-mail, but Aqua -- they did receive enough 16 letters at Texas Water Development Board from T.C.E.Q., so 17 the Aqua Texas thing will have a public hearing. I didn't 18 know if y'all were aware of that or not. 19 COMMISSIONER OEHLER: Good. 20 COMMISSIONER BALDWIN: Thank you. Anything else 21 from the public? Thank you very much. Let's go back to our 22 agenda here. Item 1.3, it's a 9:10 a.m. item; consider, 23 discuss, and take appropriate action to fill the open 14.1 24 road maintenance technician position at the Road and Bridge 25 Department. Mr. Odom? 5-14-12 20 1 MR. ODOM: Yes, sir. Thank you. About this time 2 last year, I think I came to the Court; we were short a 3 position. I was asked could I wait, and the answer was yes. 4 Now we are really in a bind. We've got a lot of special 5 projects. I have mowing; I can't get to mowing right now, 6 and I need this position. I wouldn't ask for it if I didn't 7 think I really needed it. But we're pushed to the point I 8 need to fill this position, so I ask the Court permission to 9 fill that 14.1 slot. 10 COMMISSIONER OEHLER: Well, I don't have any 11 objection to it, because we've asked them to do a lot of 12 things this year, which they've been doing. They did the 13 sealcoat work for city of Kerrville the last three years, and 14 then we're going to help Ingram, and then we've got another 15 item on the agenda here in a little bit. I've got them 16 working at the Ag Barn, doing all that work, and I don't have 17 any objection to doing that at this point. 18 COMMISSIONER BALDWIN: Is that a motion? 19 COMMISSIONER OEHLER: That's a motion. 20 COMMISSIONER BALDWIN: Is there a second? 21 COMMISSIONER OVERBY: I have a question. I know 22 that at one time, we had several folks that were hurt, or is 23 everybody back as far as that you know of? 24 MR. ODOM: I had one individual out nine months, a 25 mechanic, and I finally got him released and he's back -- 5-14-12 21 1 back there. So, that -- that hurt me for a good while right 2 there, yes, sir. 3 COMMISSIONER OVERBY: And this position was also in 4 the budget, was it not? Correct? 5 MR. ODOM: This position was in the budget. 6 COMMISSIONER OVERBY: We had it budgeted? 7 MR. ODOM: That's correct. 8 COMMISSIONER OVERBY: I'll second that. 9 COMMISSIONER BALDWIN: Got a motion and second. 10 Any other conversation? All in favor, please say "aye." 11 (The motion carried by unanimous vote.) 12 MR. ODOM: Thank y'all. 13 COMMISSIONER BALDWIN: None opposed. Motion 14 carries. Number 1.4; consider, discuss, and take appropriate 15 action to determine policy for booking events at Hill Country 16 Youth Exhibit Center for 2013. Commissioner Letz? 17 COMMISSIONER LETZ: I put this on the agenda just 18 'cause I think we need to give some direction to Jody as to 19 what we're doing out there. She's been told there's a 20 moratorium right now; we're not booking anything, and we need 21 to certainly -- I think anything that would be in the exhibit 22 hall is questionable, but the rest of the facility, I think, 23 is available to, you know, lease. 24 COMMISSIONER OEHLER: Yeah, I would go for that. 25 Anything else; the indoor arena, the outdoor arena. And 5-14-12 22 1 possibly sometime -- as soon as we get the show barn 2 finished, then most of those events can move into there, but 3 not in the exhibit hall. I think we need to stop that. No 4 later than -- we could do it -- we could still rent it as 5 long as -- until the stock show's over. But once the stock 6 show's over, that's when we're planning on tearing it down. 7 COMMISSIONER LETZ: If there's money. 8 COMMISSIONER OEHLER: Yeah, if we have money. 9 COMMISSIONER OVERBY: And so from, like, February 10 on? Is that what you're -- Commissioner, what you're saying? 11 2013? 12 COMMISSIONER LETZ: Right. I think we lease it the 13 rest of this year, and -- 14 COMMISSIONER OEHLER: Yeah. 15 COMMISSIONER LETZ: -- it's not hurting anything. 16 COMMISSIONER BALDWIN: So nothing changes. 17 COMMISSIONER OEHLER: Nothing changes. 18 COMMISSIONER LETZ: We can leave it. I mean, 19 everything will be leased out there except the exhibit hall 20 starting February 2013. 21 COMMISSIONER OVERBY: Okay. 22 COMMISSIONER BALDWIN: David, do you have any 23 questions? Concerns? Comments? 24 MR. HANSON: No, I just came to hear what y'all had 25 to say. 5-14-12 23 1 COMMISSIONER OEHLER: Well, I don't think there's 2 any other way we can do it at this point. 3 COMMISSIONER BALDWIN: No, I think it's the right 4 way. 5 COMMISSIONER OEHLER: But we shouldn't stop the 6 whole use of everything out there, because we've got it -- 7 we've got the construction and the demo fenced separately. 8 COMMISSIONER BALDWIN: Give your name and address 9 for the record, please. 10 MR. HANSON: All right. David Hanson, 591 Scenic 11 Valley Road. I've been before the Court a couple of times on 12 this discussion on the Ag Barn extensions and work. I did 13 get permission from the Court for -- to book ours, and I did 14 read through the contract, and I noticed that the 60-day 15 period where the Court reserves the right to cancel in case 16 of -- actually, for any reason. The only comment I would 17 have on that is that there are some organizations that the 18 60 days is kind of tight, because they are -- like us, we're 19 looking judges for 2013 right now. And I -- and I know that 20 the other people -- the San Antonio group is doing somewhat 21 of a similar type of thing. So, booking the exhibit hall 22 through, I guess, the end of the year, it would be fine. 23 And -- 24 COMMISSIONER OEHLER: Actually, till February 1st. 25 MR. HANSON: Till February 1st. But I know their 5-14-12 24 1 event is actually in March, I believe, so that would be the 2 background. 3 COMMISSIONER OEHLER: We should be complete and 4 finished with the -- with the show barn and all that prior to 5 the first of the year. If we're not, -- 6 COMMISSIONER LETZ: We're in trouble. 7 COMMISSIONER OEHLER: -- we may ought to run for 8 the county line. 9 MR. HANSON: Yeah. And I know that you had 10 mentioned before in conversations about, you know, if there 11 was an event that might be scheduled for the exhibit center, 12 if it was torn down, it would move over to the new show barn. 13 COMMISSIONER OEHLER: Right, that's true. 14 COMMISSIONER BALDWIN: Thank you. 15 COMMISSIONER OVERBY: That's good. 16 MR. HANSON: Thank you. 17 COMMISSIONER LETZ: All right. I'll make a motion 18 that we authorize the booking of the -- all portions of the 19 Hill Country Youth Exhibit Center except the exhibit hall 20 after February 1st, 2013. 21 COMMISSIONER OEHLER: Second. 22 COMMISSIONER BALDWIN: Motion and second -- is that 23 what you're wanting? Is that what you need? 24 MS. GRINSTEAD: That's fine. And still not touch 25 the show barn at all, right? Kind of for 2013, till we know 5-14-12 25 1 it's completed? Or -- 2 COMMISSIONER OEHLER: I would say that it's going 3 to be available, probably -- I'm hoping no later than the 1st 4 of December. But -- 5 COMMISSIONER LETZ: Yeah. I don't -- I mean, I 6 would say yes, you could book it, and I'll add that to my 7 motion that you can book that, with the caveat you might just 8 say it's under construction. 9 MS. GRINSTEAD: Okay. And it will -- 10 COMMISSIONER OVERBY: After February 1st. 11 MS. GRINSTEAD: If available. But definitely, 12 there will not be air conditioning or heating? 13 COMMISSIONER OEHLER: No. No, there's no air -- 14 there may be heating, but no air conditioning. 15 MS. GRINSTEAD: Okay. 16 COMMISSIONER OEHLER: Heating is part of the -- 17 COMMISSIONER OVERBY: Right. 18 COMMISSIONER OEHLER: Part of it. 19 COMMISSIONER BALDWIN: And you second? 20 COMMISSIONER OEHLER: I second his motion. 21 COMMISSIONER BALDWIN: A motion and second. All in 22 favor, raise your right hand. 23 (The motion carried by unanimous vote.) 24 COMMISSIONER BALDWIN: Motion carries. Thank you. 25 Item 1.5; consider, discuss, and take appropriate action on 5-14-12 26 1 request from Kerr Central Appraisal District Board of 2 Directors to repair and resurface their parking lot. 3 Mr. Coates? Mr. Oehler? 4 COMMISSIONER OEHLER: Well, Mr. Coates doesn't 5 appear to be here, but he -- he asked a while back, and I 6 asked him to get us a letter from the Board of Directors 7 requesting that. And I believe that that letter is in here. 8 COMMISSIONER OVERBY: Mm-hmm. 9 COMMISSIONER OEHLER: And so what I would say is 10 that we need to authorize Mr. Odom to go out and look at the 11 -- look at it and give a price on what he believes the cost 12 for repairs to resurface that is, and then report back so 13 that we can give the Appraisal District the amount of money 14 they need to budget. 15 COMMISSIONER OVERBY: Budget. 16 COMMISSIONER OEHLER: So -- 17 COMMISSIONER BALDWIN: But it cannot interfere with 18 any regular maintained county road. 19 COMMISSIONER OEHLER: No. No, absolutely not. As 20 time permits them -- Road and Bridge to have time to do -- do 21 the resurface. But for the time being, I believe we ought to 22 authorize Mr. Odom to go out and do an assessment and a cost 23 of that resurfacing project for the Kerr County Central 24 Appraisal District. 25 COMMISSIONER BALDWIN: And that's a motion? 5-14-12 27 1 COMMISSIONER OEHLER: That's a motion. 2 COMMISSIONER BALDWIN: Is there a second? 3 COMMISSIONER OVERBY: I'll second it. 4 COMMISSIONER BALDWIN: Got a motion and second. 5 Any further discussion? All in favor, raise your right hand. 6 (The motion carried by unanimous vote.) 7 COMMISSIONER BALDWIN: Motion carries. Let's see. 8 1.8; consider, discuss, and take appropriate action on 9 implementation of the burn ban. I put that on there? Okay, 10 I'll take it. This is -- I'm assuming this is the regular 11 90-day burn ban issue that we do that authorizes each 12 individual commissioner to put on, take off the burn barn. 13 Is that correct? 14 COMMISSIONER LETZ: Yes. 15 COMMISSIONER BALDWIN: I move that we implement the 16 90-day burn ban. 17 COMMISSIONER LETZ: Second. 18 COMMISSIONER BALDWIN: Motion and seconded. All in 19 favor, please say "aye." 20 (The motion carried by unanimous vote.) 21 COMMISSIONER BALDWIN: Motion carries. 1.9; 22 knowledge receipt of quarterly investment report from 23 Patterson and Associates for quarter ending March 31st, '12. 24 Beth Taylor. The County Auditor's going to fill in for 25 Ms. Taylor. 5-14-12 28 1 MS. HARGIS: Good morning again. This is the 2 quarterly investment report that's required by law for you to 3 review. We are just supposed to -- 4 MS. PIEPER: Acknowledge. 5 MS. HARGIS: -- acknowledge, thank you. 6 COMMISSIONER BALDWIN: We acknowledge that we 7 received it. 8 MS. HARGIS: Yes. 9 COMMISSIONER LETZ: So moved. 10 COMMISSIONER BALDWIN: We have a motion. Is there 11 a second? 12 COMMISSIONER OEHLER: Second. 13 COMMISSIONER BALDWIN: Any conversation? All in 14 favor, raise your right hand. 15 (The motion carried by unanimous vote.) 16 COMMISSIONER BALDWIN: Aye. Motion carries. All 17 right, hang on here. Item 1.11, Ms. Lantz. Consider, 18 discuss, and take appropriate action to terminate agreement 19 with Dental Select Vision effective May 31, 2012. Dawn 20 Lantz. 21 MS. LANTZ: Good morning, Commissioners. This is 22 an agreement we wish to terminate with Dental Select, because 23 we do not have access to enough providers here in Kerr 24 County. They're only giving us access to four providers, 25 which a lot of our employees do not see. We, in the past, 5-14-12 29 1 have used Avesis, and they've agreed to go ahead and do a 2 simple takeover of our plan. And Dental Select is not 3 requiring us to give a 30-day cancellation. There will be no 4 increase in policies, no changes, no add-ons, anything to 5 that effect. 6 COMMISSIONER BALDWIN: This is good. This is a 7 good thing. 8 MS. LANTZ: Also, I've had the County Attorney -- 9 he's reviewed and helped me get the current contracts, what 10 we have, and also the termination for this. 11 COMMISSIONER OVERBY: I'll make a motion to 12 terminate the agreement with Dental Select Vision effective 13 May 31st, 2012. 14 COMMISSIONER BALDWIN: We have a motion. 15 COMMISSIONER LETZ: Second. 16 COMMISSIONER BALDWIN: And second. 17 COMMISSIONER LETZ: And you're happy with it? 18 MR. HENNEKE: I wrote it. Looks good. (Laughter.) 19 COMMISSIONER BALDWIN: He's not thrilled, but he's 20 happy with it. 21 COMMISSIONER OVERBY: Appreciate that. 22 COMMISSIONER BALDWIN: All in favor, raise your 23 right hand. 24 (The motion carried by unanimous vote.) 25 COMMISSIONER BALDWIN: Motion carries. Let's see 5-14-12 30 1 if we got time to do one more. 1.12, consider, discuss, and 2 take appropriate action to enter into agreement with Avesis 3 Vision effective June 1, 2012. Ms. Lantz? 4 MS. LANTZ: Again, this is an application for 5 vision. And Avesis has agreed to take us back onto their 6 plan as a simple takeover from terminating with Dental 7 Select. 8 COMMISSIONER OEHLER: Mr. Henneke has something to 9 say. 10 MR. HENNEKE: I do. Just for the clarity of the 11 record, -- boy, I love dealing with insurance companies -- 12 this is not the agreement. This is the application. Avesis 13 has already said that they'll take us back, but we have to 14 apply, and then they will send us a contract that actually 15 enters into the terms. So, because their system, the way it 16 was explained to me, only works in lots of one year or 17 greater, the terms in the agreement -- or the terms in the 18 application are not the terms that we're going to end up 19 agreeing with. The intent is that Avesis is going to come in 20 effective June 1st and take over the remainder of the 21 six-month -- the remainder of the year for what Dental Select 22 was going to have. But you'll see in the application that it 23 actually refers to a three-year policy, and -- and I've 24 spoken with Mr. Looney, and basically what Avesis needs to do 25 is, after we apply, they'll send us a contract that will then 5-14-12 31 1 change the terms, and what we'll actually be doing is 2 backdating the policy, so it'll be a one-year policy 3 beginning January 1st, 2012, through the end of this year. 4 But the main reason I'm saying this is, I just want the 5 record to be very clear that this is not an agreement with 6 Avesis. This is an application, and until they send us the 7 contract with the final terms, then Kerr County hasn't bound 8 itself to anything. 9 COMMISSIONER BALDWIN: Okay. 10 MR. HENNEKE: And it -- I guess the intent of the 11 agenda item is to authorize Dawn to submit the application 12 and request them to prepare a contract for us to review. 13 COMMISSIONER BALDWIN: Is there a motion to that 14 effect? 15 COMMISSIONER LETZ: So moved. 16 COMMISSIONER OEHLER: Second. 17 COMMISSIONER BALDWIN: And second? Did you second? 18 COMMISSIONER OEHLER: Yeah, I did. 19 COMMISSIONER BALDWIN: Okay. We have a motion and 20 second. Any further discussion? All in favor, please say 21 "aye." 22 (The motion carried by unanimous vote.) 23 MS. LANTZ: Thank you. 24 COMMISSIONER BALDWIN: Number 1.12 -- okay, let's 25 go back to our timed items. Item 1.6; consider, discuss, and 5-14-12 32 1 take appropriate action on order authorizing publication of 2 notice of intention to issue certificates of obligation to 3 fund planning and design costs related to the construction of 4 a new wastewater treatment system in the Center Point area of 5 Kerr County. Mr. Henderson. 6 MS. HENDERSON: Good morning. Pleasure to be 7 before the Court, as always. This item is to give notice of 8 intent to issue certificates of obligation to fund the 9 planning and design costs related to the Center Point 10 project. As you know from our discussions with respect to 11 the $5.9 million C.O. issue which was done last month, the 12 Water Development Board has required that we segregate this 13 particular piece of funding from the other certificate of 14 obligation so that it be funded through the Water Development 15 Board through their Clean Water S.R.F. program, which is good 16 in the one hand, and in the sense that it allows us to get 17 slightly lower interest rates because of the federal subsidy 18 of the State Clean Water program. Not so good in that we're 19 going to have a little extra cost of issuance, because we've 20 got two separate transactions. 21 We are anticipating -- we had anticipated being 22 before the Water Development Board this Thursday, May 17th. 23 However, because of our internal communication problems, 24 strictly at my firm between Dusty and I, who -- no one's 25 fault but Dusty's and mine, we did not make the May 17th 5-14-12 33 1 agenda. All the issues with respect to Water Development 2 Board have been submitted and approved, and we are expected 3 to be on the June agenda. However, missing the May 17th 4 meeting of the Water Development Board and going to the June 5 meeting is not going to slow the project down in any way, 6 shape, or form. We're giving notice of intent today. The 7 only difference is -- is that we're just going to be 30 days 8 later in getting the Water Development Board approval, but 9 because of the timing of this notice of intent, everything is 10 going to go off as originally scheduled, and we'll still be 11 able to close the transaction before August the 1st. The 12 amount of the transaction is $570,000, which is in keeping 13 with the revised -- the revised budget that was submitted 14 from your engineer to the Water Development Board and 15 approved by their internal staff. I'll give you a little 16 more detail when we get to the next agenda item, but was 17 there any questions with respect to the certificates of 18 obligation? 19 COMMISSIONER BALDWIN: None here. 20 COMMISSIONER OVERBY: That June 21st board meeting, 21 is that correct, the T.W.D.B.? 22 MS. HENDERSON: Yes, sir. 23 COMMISSIONER OVERBY: Is that our date? 24 MS. HENDERSON: Yes, sir. 25 COMMISSIONER OVERBY: Okay. 5-14-12 34 1 MS. HENDERSON: And then the very next Monday will 2 be a regular Commissioners Court meeting, at which time we 3 will be able to sell -- 4 COMMISSIONER OVERBY: On June 25th? 5 MS. HENDERSON: Yes, sir. On June 25th, we'll be 6 able to establish the interest rates and have the 7 Commissioners Court sell the debt. As you know, in the 8 notice of intent, state law requires that we give 30 days 9 notice of intent. Today is May 14th. It will be published 10 later this month -- later this week, rather. So, June the 11 25th was the earliest the Commissioners Court could have 12 possibly come back and -- and approved the sale anyway. So, 13 again, it's not slowing anything down. It's just the 14 official approval of the Water Development Board is going to 15 be 30 days later than we anticipated. 16 COMMISSIONER LETZ: This is all -- 17 COMMISSIONER OVERBY: Go ahead. 18 COMMISSIONER LETZ: -- factored into our long-term 19 debt, or our -- 20 MS. HENDERSON: Yes, sir. 21 COMMISSIONER LETZ: -- our debt, and we took it out 22 of the original C.O. -- 23 MS. HENDERSON: Yes, sir. 24 COMMISSIONER LETZ: -- we had it in, and put it in 25 a second C.O., but the same amount of money that we talked 5-14-12 35 1 about and previously approved? 2 MS. HENDERSON: Exactly. For the record, in case 3 we have any newspaper people in the room, we had originally 4 intended to do six and a half million dollars with the 5 certificates of obligation with no tax rate impact. We ended 6 up doing 5.9 million, having cut this almost $600,000 back 7 out. We structured that deal with the anticipation of coming 8 back for this, so this is in keeping with the long-term plan 9 of finance the Court has been working on for several months. 10 COMMISSIONER LETZ: And just so the public -- and 11 to make sure I understand it, this was done because the Water 12 Development Board required us to borrow this money through 13 them. Because as part of the -- 14 COMMISSIONER OVERBY: Application. 15 COMMISSIONER LETZ: -- State Revolving Fund 16 program -- 17 MS. HENDERSON: Exactly. There's a grant/loan 18 component, and you're required to do the loan through them if 19 you're going to take the grant through them. 20 COMMISSIONER LETZ: Right. 21 COMMISSIONER OVERBY: Which strengthens our 22 application and funding that we get; 70/30 is a whole lot 23 better. You said 570, but for the record, I think in our 24 plan that we're approving, it says 560. 25 MS. HARGIS: It's been changed again. 5-14-12 36 1 COMMISSIONER OVERBY: 570? I want to make sure 2 it's noted on our change right here, what I have that we're 3 approving. I want to make sure we have that say 570. 4 MS. HENDERSON: That's what the Water Development 5 Board staff advised. 6 COMMISSIONER OVERBY: That's fine. I just want to 7 make sure it's noted on the corrected document. 8 COMMISSIONER LETZ: Just to go over it again, you 9 visited with -- or you and your staff visited with Water 10 Development Board, and they're finally happy with the 11 financial information? 12 MR. HENNEKE: They are. They're happy, but there's 13 going to be another change, which is our next agenda item. 14 COMMISSIONER LETZ: Okay. 15 MS. HENDERSON: But so far as the -- the Center 16 Point planning design, everything is submitted. Everybody's 17 happy. Everybody's happy at the staff. We're good to go. 18 COMMISSIONER OVERBY: Good. I'd like -- go ahead. 19 COMMISSIONER BALDWIN: We need an order authorizing 20 publication of notice of intention to issue certificates of 21 obligation. 22 COMMISSIONER OVERBY: Motion made. 23 COMMISSIONER BALDWIN: Second? 24 COMMISSIONER LETZ: Second. 25 COMMISSIONER BALDWIN: Motion and second. Any 5-14-12 37 1 further discussion? All in favor, please say "aye." 2 (The motion carried by unanimous vote.) 3 COMMISSIONER OVERBY: Thank you. 4 MS. HENDERSON: Thank you. 5 COMMISSIONER BALDWIN: Motion carries. Item 1.7; 6 consider, discuss, and take appropriate action to amend the 7 T.W.D.B. application relating to the Center Point project to 8 include funding for land/easements acquisition through the 9 EDAP program. Mr. Henderson. 10 MS. HENDERSON: Thank you. The good side -- the 11 good, positive aspect of having inadvertently failed to get 12 on the May agenda is that the Water Development Board is 13 going out for a larger bond issue sale, and they have pushed 14 up funding for the EDAP program, which is an acronym for the 15 Economically Distressed Areas Program. It has been part of 16 the plan all along to have EDAP program provide funding to 17 acquire the easements and land for the Center Point project. 18 We thought we were going to have to wait actually 60, 90 days 19 longer to get this money than we were able to, because 20 they're going out. So, because we're going to be in front of 21 the June Water Development Board meeting, they have asked 22 that we amend that application to add in a request for 23 additional funding out of the EDAP program. 24 The EDAP budget for land and easement acquisition 25 is $128,000. There's actually $116,000 plus their add-on for 5-14-12 38 1 contingencies, so $128,000. This is going to be funded on a 2 50/50 basis with -- with Kerr County, so the EDAP is going to 3 provide $64,000 of that $128,000, and that's what the 4 application's for. Kerr County needs to provide the other 5 $64,000. Because of their rules, and because this is a 6 separate program than the S.R.F., we cannot add that $64,000 7 to the $570,000 C.O.'s, which is why we just only approved 8 570. It's a different pool of money from their perspective, 9 and we have to have different funding for it. 10 The options available to the County are basically 11 three-fold. One is we take money out of the $5,900,000 that 12 was issued last month. There was a small amount of 13 contingencies in there. Because of the language that was 14 used in the notice of intent, the bond attorney has confirmed 15 that if there are surplus funds, either in the form of 16 contingency moneys or other, because other items may come 17 under budget -- come in under budget, we can take $64,000 out 18 of that 5.9 million. The second option is to take $64,000 19 out of county fund balances, and just have to work with the 20 County Auditor on a subsequent budget amendment to accomplish 21 that. The third option, which is one we really don't want to 22 do, is to go out and borrow another $64,000. Nobody, 23 including me, wants to do that, but -- but that is an option 24 to you. 25 So, the good news is -- is because we were 5-14-12 39 1 postponed through our fault, we're going to have an 2 opportunity to amend this application. They're happy with 3 what we have now, but they want us to do an additional 4 amendment to also access $64,000 of additional free money 5 from the state through the EDAP program. One last editorial 6 comment. When the Commissioners Court initially started the 7 Center Point project application, they passed a resolution 8 requesting financial assistance up to $14 million, which was 9 the total estimated project. That money included provisions 10 for this, so we don't need to amend the application 11 requesting financial assistance. We just have to submit the 12 application for the specific EDAP funding. 13 COMMISSIONER LETZ: The -- I guess my question goes 14 to the Auditor. Is there 64,000 in reserves that we can pull 15 out for next year's budget? 16 MS. HARGIS: In next year's budget? 17 COMMISSIONER LETZ: Wouldn't it come out of next 18 year? Or would it come out of this year? 19 MS. HARGIS: Come out of this year's budget. 20 MS. HENDERSON: Well, it -- it depends on how 21 quickly the engineer moves to actually acquire the land and 22 easements. You know, the $64,000 from the EDAP will be 23 coming forthwith. What -- when you have to put up your 24 64,000 depends on when we spend the money, when we actually 25 make the agreements with the landholders to acquire that land 5-14-12 40 1 or acquire those easements. 2 COMMISSIONER LETZ: Keller -- 3 MS. HENDERSON: Could be this year. May be next 4 year; we don't know. 5 COMMISSIONER LETZ: Keller came up with the -- the 6 amount we have to acquire? 7 MS. HENDERSON: Yes, sir. He came up with an 8 estimate of $116,000, and then the Water Development Board 9 added contingency moneys in there. Which is good for us, 10 'cause it just ups the free money they're giving us. 11 COMMISSIONER LETZ: Right. I mean, can we spend 12 the EDAP -- the EDAP money before we spend our money? 13 MS. HENDERSON: Yes, sir, I think you can. 14 COMMISSIONER LETZ: She's -- I had kind of two 15 answers there. 16 MS. HARGIS: They generally -- in the EDAP, in that 17 program, you know, we usually put our money out first, and 18 then they give it back. So -- 19 COMMISSIONER OVERBY: We up-front it, then. 20 MS. HARGIS: Yeah. Remember the two different 21 ones. 22 COMMISSIONER OVERBY: Right. 23 MS. HARGIS: The Clean Water we get up front. 24 EDAP we get behind. 25 COMMISSIONER LETZ: Right. Let me ask another 5-14-12 41 1 question. Can we take it out of the bond proceeds that we -- 2 or the C.O. we just did, and then pay it back out of -- 3 MS. HARGIS: The budget? 4 COMMISSIONER LETZ: -- the budget next year? 5 MS. HARGIS: Yes. 6 MS. HENDERSON: Yes, sir. 7 COMMISSIONER OVERBY: That's a good idea. 8 MS. HENDERSON: The lawyers confirmed the language 9 in the 5 million, 9 is sufficient to do this. 10 COMMISSIONER LETZ: I mean, my -- my preference is 11 not to take it out of the bond if we don't have to, but I 12 don't mind taking it -- taking it out now and then repaying 13 it. It's -- I don't think -- I don't see us spending that 14 money before next budget year. 15 COMMISSIONER BALDWIN: I don't either. 16 COMMISSIONER LETZ: I mean, I could be wrong, 17 but -- 18 COMMISSIONER BALDWIN: That project down there is 19 not on a rocket scale. 20 COMMISSIONER OVERBY: But it's moving along. 21 COMMISSIONER OEHLER: The fuse is not well-lit yet. 22 COMMISSIONER LETZ: So I think that that's -- my 23 preference would be to take it out of -- I'll make a motion 24 to take it out of the C.O. we recently issued, 5.9 million, 25 with the intent of paying it back next year out of our 5-14-12 42 1 budget, if possible. 2 COMMISSIONER OVERBY: I'll second that. 3 COMMISSIONER BALDWIN: Got a motion and second. 4 Any further discussion? All -- go ahead. 5 COMMISSIONER LETZ: Just kind of a public general 6 comment. The reason there is a bit of a change right now is 7 that when we -- last fall, when we started -- last fall? 8 Time goes by so -- you know, goes on forever on this project. 9 There was no EDAP money available, so we shifted more to 10 using the State Revolving Funds as a source, and knowing that 11 it was going to take both -- or more than one program 12 probably to fund the overall project. EDAP is a grant, and 13 it's also -- if it's EDAP-eligible, it's a 90 -- I believe a 14 90/10 grant, which is much better than a 70/30 that we're 15 under, under the Clean Water State Revolving Fund. The 16 problem was a little bit that only a portion of the area 17 qualified under EDAP. But -- you know, and Commissioner 18 Overby and I will -- now that the EDAP money -- there's money 19 there, we'll put it on a fast track trying to get some more 20 of that area designated EDAP, which we kind of put a little 21 bit on hold because the area that was under EDAP is the 22 Westwood area just outside Comfort. So, anyway, that's just 23 a little more information for you. 24 COMMISSIONER OVERBY: Thank you, Bob. 25 MS. HENDERSON: Thank you. We shall proceed to 5-14-12 43 1 proceed. 2 COMMISSIONER BALDWIN: Got a motion and second. 3 All in favor? 4 (The motion carried by unanimous vote.) 5 COMMISSIONER BALDWIN: Motion carried. 6 COMMISSIONER OVERBY: Thanks. 7 COMMISSIONER BALDWIN: Item 1.14; consider, 8 discuss, and take appropriate action to approve the County 9 Clerk's Records Archival Plan for the budget year 2012. 10 MS. PIEPER: Commissioner, you may want to wait 11 until after the public hearing. I don't know if that 12 matters, the one at 10:45. 13 COMMISSIONER BALDWIN: Oh, okay. I didn't even 14 look at that; I'm sorry. You're absolutely correct. Let's 15 go to 1.15; consider, discuss, and take appropriate action on 16 proclamation declaring May 19th, 2012, as Hunt Centennial 17 Celebration Day in Kerr County, Texas. Commissioner Oehler? 18 COMMISSIONER OEHLER: Yes. I was kind of reminded 19 that we probably ought to do something like this, and I'm 20 glad that Ms. Lavender took care of it for us and did some 21 research and put it together. And so I will -- I will read 22 it into the record, as I promised the community that I would, 23 before we vote on it. What it says is, Hunt Centennial 24 Proclamation. Hunt, Texas' 100-year birthday, where 25 preserving the past assures the future. Whereas, a century 5-14-12 44 1 ago, in 1912, Alva and Lizzie Joy purchased land at the 2 confluence of the North and South forks of the Guadalupe 3 River from Robert Hunt; and whereas, the following year, in 4 1913, Alva Joy opened a mercantile store and post office, and 5 thereby established the community of Hunt; and whereas, 6 through the act of establishing these business, the community 7 of Hunt became an important commercial and cultural center 8 for the residents of the area who lived on the farms and 9 ranches; and whereas, the community of Hunt has continued to 10 grow and prosper as a vital part of the Texas Hill Country, 11 and is known as the destination for summer campers and their 12 families, a venue for multiple exotic game ranches, and the 13 homes of several religious and corporate retreat facilities; 14 and whereas, the Hunt community has retained its rich 15 heritage and unspoiled beauty and its identity as a small 16 rural community; and whereas, Hunt, Texas, is officially 17 celebrating its 100th year birthday on Saturday, May 19th, 18 2012. Now, therefore, be it resolved that the Commissioners 19 Court of Kerr County, Texas, does hereby declare May 19th, 20 2012, as Hunt Centennial Celebration Day in Kerr County, 21 Texas, and do hereby extend congratulations to the community 22 of Hunt, and urge all Kerr County residents to join the Court 23 in wishing the community of Hunt a happy birthday. Dated 24 this 14th day of May, 2012. And I move for approval of the 25 proclamation. 5-14-12 45 1 COMMISSIONER LETZ: Second. 2 COMMISSIONER BALDWIN: We have a motion and a 3 second. All in favor, say "aye." 4 (The motion carried by unanimous vote.) 5 COMMISSIONER BALDWIN: Motion carries. Thank you, 6 sir. This Court is in recess for 10 minutes. 7 (Recess taken from 9:50 a.m. to 10:02 a.m.) 8 - - - - - - - - - - 9 COMMISSIONER BALDWIN: We're going to come back to 10 order now, I hope. Item Number 1.10; consider, discuss, and 11 take appropriate action to establish Kerr County recycling 12 program and to contract with Allied Waste Services to dispose 13 of county recyclables. Mr. Henneke, oh great, honorable one. 14 MR. HENNEKE: Yes, good morning. I have an idea 15 for y'all. We don't have to take action today if we don't 16 want, but I've been working with Laurie Montgomery; Sherri 17 Jones is going to be her replacement, but at Allied Waste, 18 they've started a commercial recycling program here in Kerr 19 County, and, you know, really interested in providing that 20 service to the county. And in doing so, they've negotiated, 21 I think, a pretty good rate. I've negotiated them down on 22 some terms, but basically $80 a month for twice-a-month 23 pickup of the recyclables, and they -- you know, they would 24 start doing that. We have a separate vendor for the trash 25 service, and it wouldn't affect that, except for -- my hope 5-14-12 46 1 would be in the long term, as we started doing this, it would 2 maybe decrease the volume of trash that we're putting in 3 dumpsters, and then we could save some money off the trash 4 pickup. 5 Now, this rate is quoted only for the courthouse, 6 and I visited with Tim on it, you know, and I think Tim is -- 7 is generally on board. Basically, you know, there would be 8 additional startup costs in that I'm sure we'd have to buy 9 some recycle bins for the various offices, and I don't know 10 how Maintenance would want to pick it up. But, you know, 11 just like the trash, we got to get it out to the recycle 12 bins, and then they come back -- come by twice a month to 13 pick it up. It's -- you know, it's a month-to-month 14 agreement. What I've negotiated, it's 80 -- you know, 15 basically the backup is with the gentleman, but it's 16 basically 80 bucks a month, with a little variable in there 17 for the increase or decrease in the cost of fuel. They'd 18 love to have our business. I think it's just good public 19 policy to recycle and promote that. Certainly, it's very -- 20 very mainstream now, people doing that. And I bet we'd be 21 surprised -- with, you know, the aluminum cans and the 22 non-shredded paper and various simple recycling products, I 23 bet we'd be surprised by how much this courthouse generates. 24 So -- 25 COMMISSIONER OEHLER: Would this take the place of 5-14-12 47 1 our paper-shredding service that we have coming in? 2 MR. HENNEKE: Probably not, because there's some 3 confidential information that you can't just throw away; you 4 have to shred it, dispose of that properly. And I hope that 5 only that confidential material that has to be shredded and 6 destroyed is -- is going to the shredder. I mean, if every 7 piece of paper's going, then we're overspending on that. 8 But, no, there's certain things -- certain things I have to 9 dispose of that way, and the clerks' offices as well. 10 COMMISSIONER OEHLER: But not everything. 11 MR. HENNEKE: No. No, and I -- the offices know 12 what has to be destroyed that way and what doesn't. And I 13 know we have a high volume of shredding, but I hope that 14 that's only those type of items that are -- that are being 15 shredded. So, just an idea. I've been working with her for 16 some time, finally had an agreement down, worked out the 17 terms. I just wanted to put it to the Court and see what 18 y'all thought. 19 COMMISSIONER BALDWIN: Eighty dollars a month, and 20 twice a month they do a pickup here, huh? Do they do pickup, 21 or do we take it? 22 MR. HENNEKE: No, they pick it up. We have to take 23 it outside, put it in the containers, and then they bring 24 their truck by. 25 COMMISSIONER OEHLER: They bring, like, a separate 5-14-12 48 1 dumpster to put that stuff in? 2 MR. HENNEKE: They'll have a container out there 3 that they'll come and empty, and then we'll need ourselves to 4 provide, you know, containers in the various offices for our 5 employees, you know, to put their recyclables in for 6 Maintenance to pick up and then take outside. 7 SHERIFF HIERHOLZER: Is Maintenance -- once they 8 take that bin outside, are they then going to have to go 9 through it and separate it out? 10 MR. HENNEKE: No. 11 SHERIFF HIERHOLZER: Put it in separate bins, or 12 does everything just go in one? 13 MR. HENNEKE: Everything goes in one. 14 COMMISSIONER OVERBY: And they sort it out. 15 MR. HENNEKE: And I don't know how the recycling 16 company does it, but that's not our -- our deal. 17 COMMISSIONER BALDWIN: Do y'all want to take any 18 action today, or do you want to give the Auditor an 19 opportunity to secure the funding and et cetera? 20 MR. HENNEKE: We can look at it for next budget 21 term. 22 COMMISSIONER OVERBY: 960 a year. 23 MR. HENNEKE: Like I said, plus or minus. There's 24 a little variable cost in there for fuel. You know, 80 plus, 25 you know, a little fluctuation for -- 5-14-12 49 1 COMMISSIONER OVERBY: They're giving a really good 2 rate as well, correct? 3 MR. HENNEKE: They're giving us their three-year 4 rate on a month-to-month basis, so there's no commitment. 5 There's no obligation, other than one month at a time. If we 6 try it and we hate it, we can cancel it next month, and 7 that's -- 8 COMMISSIONER OEHLER: Well, would this reduce, 9 maybe, the amount that we're paying for getting shredded? 10 MR. HENNEKE: I would -- well, it shouldn't, 11 because nothing should be shredded that doesn't legally have 12 to be shredded. But maybe if there's extra paper being 13 thrown in there because it's convenient, then that will go to 14 recycle instead of to Shred-it. 15 COMMISSIONER OEHLER: Most everything now, whether 16 it's confidential or not, is being shredded. 17 COMMISSIONER BALDWIN: Yeah. 18 COMMISSIONER OEHLER: Is my point. If you're going 19 to separate out the stuff that doesn't have to be shredded, 20 that -- aren't we paying so much -- we're not paying just a 21 monthly; we're paying, like, a charge per 1,000 pounds or -- 22 MR. HENNEKE: The County Attorney's office isn't 23 shredding anything other than what we're legally responsible 24 to or required to. 25 COMMISSIONER OEHLER: I think that paper-shredding 5-14-12 50 1 truck comes in here that does some of the other offices -- 2 what is it, once a month? 3 AUDIENCE: Twice. 4 MR. HENNEKE: We're paying a lot of money. 5 MS. HARGIS: Yeah. 6 COMMISSIONER OEHLER: That's my point. If we can 7 reduce that -- that shredding and recycle and save money, I 8 mean, we ought to do it. 9 MR. HENNEKE: I can't tell you how much. I can't 10 tell you what the effect is, but we can just logically say 11 that at least for what's going into our dumpsters, if we're 12 recycling that instead, that's going to decrease that volume. 13 COMMISSIONER BALDWIN: Well, you're reducing the 14 load on the landfill; that's the bottom line. 15 SHERIFF HIERHOLZER: Are you going to try and add 16 an amendment to that agreement to add the probation and our 17 offices out there? Or -- 18 MR. HENNEKE: They'd be glad to, Sheriff. They'd 19 be glad to -- 20 COMMISSIONER BALDWIN: It's all about him. 21 MR. HENNEKE: -- add it on. I think I'd initially 22 visited with either -- I think with Clay, and they'd be glad 23 to have all of Kerr County. But what -- what this was was 24 just for the courthouse, to see if we could get it off the 25 ground, and even see if there was interest in the county for 5-14-12 51 1 doing this. 2 COMMISSIONER OEHLER: I would say let's wait two 3 weeks, and kind of work with them and see about how it's 4 going to work through the Sheriff's Department and the 5 Probation, and -- where we get as much as we can to go into 6 recycle there without having to have it shredded. 7 MR. HENNEKE: I mean, my guess is it would be -- 8 because that's another facility, and given the number of 9 personnel, that's almost as big, if not bigger, than the 10 courthouse. It would probably just be another 80 a month to 11 add that location as well. But I can check. 12 COMMISSIONER OVERBY: I'd like to just say that I 13 think it's a program that the County's participation speaks 14 volumes in our community as far as the importance of 15 recycling. I'm glad that we're -- that's a deal that you're 16 talking about, and I will tell you that Allied Waste has done 17 some other things that we've done on recycling out in other 18 parts of the community. I know that they have been very pro 19 about trying to work with other organizations, like Friends 20 in Center Point and our recycling day that we've had as well, 21 where they've been offering their services. I appreciate 22 your work, Rob, on talking with them. This is a program we 23 really need to look at. 24 MR. HENNEKE: Glad to bring it back in two weeks, 25 after, you know, we get a -- get a quote to add the Sheriff's 5-14-12 52 1 complex too. 2 COMMISSIONER OEHLER: I think that would be a good 3 idea; get as many as you can doing it. I mean, if you're 4 going to do it, we ought to have the biggest volume we can 5 get. 6 MR. HENNEKE: Sure. 7 COMMISSIONER LETZ: And have you visited with 8 Maintenance? It's not going to increase their workload any? 9 MR. HENNEKE: Well, I mean, the way -- I have 10 visited with Tim on this, and I figured he'd be here to speak 11 on it, but basically, what him and I discussed is for his 12 office. What we would want is to have each department in the 13 courthouse have one recycling bin. Now, the other employees 14 in that department could have their own box next to their 15 desk, but it would be each of the departments' responsibility 16 to, you know, collate their recycling into the one for each 17 department, and that way when, you know, Mando or Oliva come 18 through to pick up the trash, they could have one for trash 19 and one for recycling. But they'd just have to grab the -- 20 for example, the County Clerk's bin and dump it in there. 21 So, I think something like that wouldn't be any increase on 22 their workload. 23 COMMISSIONER BALDWIN: Two weeks. 24 COMMISSIONER LETZ: Two weeks. 25 MR. HENNEKE: Glad to. Thank you, gentlemen. 5-14-12 53 1 COMMISSIONER BALDWIN: Thank you, sir. Let's go to 2 the approval agenda and get that out of the way. Paying the 3 bills. Is there bills to pay? 4 MS. HARGIS: Yes, sir. 5 COMMISSIONER LETZ: I move we pay the bills. 6 COMMISSIONER BALDWIN: We have a motion. Is there 7 a second? 8 COMMISSIONER OVERBY: Second. 9 COMMISSIONER BALDWIN: To pay the bills. Any 10 further discussion? All in favor, please say "aye." 11 (The motion carried by unanimous vote.) 12 COMMISSIONER BALDWIN: Motion carries. We've just 13 paid the bills. Budget amendments? 14 MS. HARGIS: We have seven budget amendments. 15 COMMISSIONER BALDWIN: Okay. 16 MS. HARGIS: And I'm assuming each of you have a 17 copy. The first one is Environmental Health. That's -- the 18 Court had already approved moving that part-time money down 19 from the money that he received, the grant that we received 20 for the fingerprint scanning. We needed to budget both the 21 revenue and the expense. That's the 44. We've already 22 gotten our money. We've spent our money, so that's zeroed 23 out. The line item Number 4, I believe you approved at the 24 last court session. The I.T. Department asked for the 25 money -- overtime money to go down to the part-time line 5-14-12 54 1 item. Environmental health, this is a cleanup item that we 2 asked for. He needed more money in his site cleanup. 3 Indigent Services actually paid out more, I think, in their 4 dues this year, and so they needed to move some down from 5 their office supplies. And -- and the Juvenile Detention 6 Facility, the medical. He's reimbursed for the medical, but 7 we -- you know, we still needed to add a little bit to that 8 budget for right now. It's slow with the reimbursement on 9 the medical. It's usually been 90 to 120 days before he gets 10 reimbursed on that, but we do eventually get our money back. 11 So, we just need to fix it. That's it. 12 COMMISSIONER LETZ: Move approval. 13 COMMISSIONER BALDWIN: We have a motion. Is there 14 a second? 15 COMMISSIONER OEHLER: Second. 16 COMMISSIONER BALDWIN: Any further discussion? All 17 in favor, please say "aye." 18 (The motion carried by unanimous vote.) 19 COMMISSIONER BALDWIN: Late bills? 20 MS. HARGIS: Yes, I think we do have some -- no? 21 She didn't bring any in? Okay. 22 COMMISSIONER BALDWIN: There's no late bills? 23 MS. HARGIS: No, sir. 24 COMMISSIONER BALDWIN: Monthly reports? Monthly 25 reports for April 2012 from Constable, Precinct 1; J.P. 3; 5-14-12 55 1 J.P. 1; County Clerk; Constable, Precinct 4; J.P. 2; 2 Environmental Health; District Clerk; and the Kerr County 3 Treasurer. Do I hear a motion to accept these monthly 4 reports as presented? 5 COMMISSIONER OVERBY: Motion made. 6 COMMISSIONER LETZ: Second. 7 COMMISSIONER BALDWIN: There's a second. Any 8 further conversation about that? All in favor, please say 9 "aye." 10 (The motion carried by unanimous vote.) 11 COMMISSIONER BALDWIN: Motion carries. Well, heard 12 any Aggie jokes? Let's see. 13 COMMISSIONER LETZ: I guess -- I don't know if 14 y'all noticed, they -- speaking of Aggie jokes, but it's not 15 really a joke. That football game -- Texas game, it's played 16 every Saturday morning, if y'all want to watch it again and 17 again and again. Sam loves to -- you mentioned Aggie jokes. 18 Sam loves to watch it. 19 COMMISSIONER BALDWIN: What game is it? 20 COMMISSIONER LETZ: The final U.T. and A & M 21 football game from last Thanksgiving. We watch it every 22 Saturday morning; it's on TV. 23 MR. HENNEKE: That's the one that Texas won, right? 24 COMMISSIONER LETZ: The one Texas won. 25 COMMISSIONER BALDWIN: Oh, yeah, that one. 5-14-12 56 1 COMMISSIONER LETZ: Drives Karen crazy. "You know 2 the outcome." Sam goes, "I want to watch it." 3 COMMISSIONER OVERBY: Good way to kick off the 4 weekend. 5 COMMISSIONER LETZ: Puts me in a good mood. 6 (Laughter.) 7 COMMISSIONER BALDWIN: I woke up about a month ago 8 and turned on my TV, just -- it was about 2:30 in the 9 morning, and my TV came on, and my grandson's face filled the 10 entire TV. He was at the state championship game, and they 11 had -- the camera had closed up on his face, and -- 12 COMMISSIONER OVERBY: Whole screen? 13 COMMISSIONER BALDWIN: The big screen at Cowboy 14 Stadium, and his whole face just filled that thing up. I 15 thought I was having a nightmare there for a minute. Let's 16 go to the information agenda. Reports from Commissioners and 17 liaison/committee assignments, as per attachment. Number 2? 18 COMMISSIONER OVERBY: I've already made my 19 comments, Commissioner, thank you. 20 COMMISSIONER BALDWIN: So you're through? 21 COMMISSIONER OVERBY: I'm finished. 22 COMMISSIONER BALDWIN: For the day, you're 23 finished. All right, good enough. What about Number 3? 24 COMMISSIONER LETZ: I think I've already gone over 25 most of mine. 5-14-12 57 1 COMMISSIONER BALDWIN: Number 4? 2 COMMISSIONER OEHLER: Same thing. 3 COMMISSIONER BALDWIN: Reports from elected 4 officials and department heads? Rusty, you're not going to 5 start talking? 6 SHERIFF HIERHOLZER: You want me to talk? You're 7 trying to get rid of time? 8 COMMISSIONER OEHLER: I'm leaving. I'm going to 9 excuse myself. 10 COMMISSIONER BALDWIN: Okay. 11 COMMISSIONER OEHLER: Got to take on some other 12 things. 13 THE CLERK: On reports, can I get his signature 14 before he leaves? 15 COMMISSIONER BALDWIN: Yes. Do I have them? 16 THE CLERK: Oh, right here. 17 SHERIFF HIERHOLZER: We do have one issue which I 18 may have to bring back to the Commissioners in an agenda 19 item. Our annex over there, we have fought and fought roof 20 leaks ever since it was built. We are still fighting bad 21 roof leaks. The company is trying to do what they can, I 22 guess. They're talking different things. You know, they 23 went through several roofers, but I'm about at our wit's end 24 of trying to get them fixed. So, probably on the next 25 agenda, I'm going to bring it back and see what kind of 5-14-12 58 1 action the Court may want to take to make them replace that 2 entire roof or whatever, but it's gone way past the point it 3 should be. 4 COMMISSIONER BALDWIN: Absolutely. 5 (Commissioner Oehler left the meeting.) 6 SHERIFF HIERHOLZER: But everybody -- Judge 7 Tinley's tried to work with them. I think the chief worked 8 with Dite and them. They come out right away, but it's just 9 getting ridiculous. And the only other issue that could be a 10 budget item later on -- I don't have it in my proposed 11 budget -- is I notice now that we also are starting to get a 12 couple of leaks in our current jail and Sheriff's office 13 roof. 14 COMMISSIONER BALDWIN: We better build a new jail. 15 SHERIFF HIERHOLZER: No. That is a flat roof; it 16 is 17 years old, so I don't know what -- we're going to start 17 looking at that. We've got Tim and them looking at where 18 they had those leaks, but it's just something that could pop 19 up on the radar during the year. We're going to have to 20 watch it. Other than that, that's it. 21 COMMISSIONER OVERBY: More rain coming tomorrow. 22 SHERIFF HIERHOLZER: Hmm? 23 COMMISSIONER OVERBY: More rain coming tomorrow. 24 SHERIFF HIERHOLZER: Yeah. 25 COMMISSIONER BALDWIN: Well, when you come back 5-14-12 59 1 with the new roof issue, I hope you bring the County Attorney 2 with you. 3 SHERIFF HIERHOLZER: County Attorney is normally 4 here. I'll just put it on a regular agenda item for the next 5 Commissioners Court, see if there's anything else y'all want, 6 or give that company a chance to come in and explain what 7 they're going to do, if they're going to try and do something 8 on their own. They do get out there and work on it every 9 time, and they talk about different things, but this has been 10 going on since the day that was built. 11 COMMISSIONER BALDWIN: Since day one, I remember. 12 I remember. 13 MR. HENNEKE: Which company is this? 14 SHERIFF HIERHOLZER: Dite, Kendnel Kasper. I know 15 they went through -- originally, they had a roofer 16 subcontract it, and when they did that, then halfway through 17 that job or whatever, it didn't work out. That one went 18 under or closed, and they had to tear off a bunch of the 19 roof; it wasn't done right. So, they had subcontracted again 20 with another roofer out of Del Rio. That one didn't like 21 having to travel up here, so after they did some work on it, 22 they couldn't get them back up here, and then Kendnel Kasper 23 started doing the work themselves. So, there's been, like, 24 three different roofers or three different ones involved, and 25 they've tore off part of it, put part of it up, but we still 5-14-12 60 1 have way too many leaks in that thing. 2 COMMISSIONER OVERBY: That's unbelievable. 3 COMMISSIONER BALDWIN: I just -- personally, I find 4 that unacceptable, and we need to do something about that. 5 SHERIFF HIERHOLZER: It's a tin roof; we shouldn't 6 be having those kinds of issues every single time. 7 COMMISSIONER BALDWIN: Maybe we need to go buy 8 5-gallon buckets, let it just go ahead and push it. 9 SHERIFF HIERHOLZER: We put trash cans down, 10 believe it or not. And this last time -- the other thing 11 that I don't know if Jonathan, knowing some landscape, may 12 want to look at. This rain last week, you know, they -- Road 13 and Bridge and the City required that drainage deal along the 14 side, and then where you got the apartments across the 15 street, and then they built Atmos Energy over there and they 16 had to redesign. When all the water came down through what's 17 supposed to be that drainage ditch, it backed up and backed 18 over and ran into two of the offices through the foundation 19 on the back side of that annex. 20 COMMISSIONER LETZ: Really? 21 COMMISSIONER OVERBY: Wow. 22 SHERIFF HIERHOLZER: So, not only did we have roof 23 leaks; we had one office that was totally flooded from coming 24 in underneath the -- the where the metal and the foundation 25 come together, 'cause the whole back side got water. 5-14-12 61 1 COMMISSIONER LETZ: Might be in the floodplain. 2 SHERIFF HIERHOLZER: Sure. 3 COMMISSIONER LETZ: I didn't think there was that 4 much rain, but it was a hard rain. 5 SHERIFF HIERHOLZER: We got, all total -- here in 6 town at my house, we got 2 inches one day and 3 inches the 7 next day; we got 5, so that was pretty good. 8 COMMISSIONER OVERBY: At one time, there was -- 9 SHERIFF HIERHOLZER: It was evening -- you know, 10 that second evening, we really got about 3 inches real quick, 11 or 2 and a half inches real quick. But it -- 12 COMMISSIONER LETZ: Still, that's not a big rain. 13 SHERIFF HIERHOLZER: It should never have come up 14 like it did and got water into the back of that building. 15 So, there's some issues out there that are going to have to 16 be looked at. 17 COMMISSIONER LETZ: So, that's something you want 18 us to refer to the new mayor? 19 SHERIFF HIERHOLZER: Yeah, refer that -- he left. 20 I don't know. I don't know if that's city, county, if -- you 21 know who-all's going to be responsible for that, for that 22 drainage issue. Because everything changed so much with us 23 building the annex, Atmos Energy building their building, and 24 the apartments across the street, and it just changed all of 25 that. You know, we may have some issues. 5-14-12 62 1 COMMISSIONER BALDWIN: Of course, when you get -- 2 you know, there's a lot of my constituency that lives in 3 waterways; they built homes in waterways. And they start 4 screeching because water runs right through their garage, but 5 they shouldn't build -- shouldn't build in a waterway. But, 6 number one, you get five inches of rain in two or three 7 hours, -- 8 COMMISSIONER OVERBY: It's going to flood. 9 COMMISSIONER BALDWIN: -- I don't care what you do, 10 you're not going to be -- 11 SHERIFF HIERHOLZER: I think the City and County 12 may need to get together and clean out some of that -- I 13 think with construction and everything else, some of that has 14 filled in; little rains have washed in. It may need to be 15 cemented to keep it, you know, really open. Because before 16 they built where the apartments are, it actually came from 17 one way, and then it came from another way through Schreiner 18 College to ours, and right there at Clearwater Paseo is where 19 both ways hit each other, and then it would flood over and it 20 would fill Clearwater Paseo with over a foot of water that 21 would all run down the middle of the road down to KPUB, you 22 know, to where you'd get it down there. And they've never 23 really got that corrected where it all flows one way. It 24 still comes back and tries to meet there, and it causes major 25 backups in water. 5-14-12 63 1 COMMISSIONER BALDWIN: Any other elected official 2 reports? Department heads? I guess not. I'm going to take 3 that as a no. Reports from boards, commissions, committees? 4 City/County joint projects or operation report? 5 SHERIFF HIERHOLZER: When Judge Tinley does 6 Commissioners Court, we normally keep flowing. 7 COMMISSIONER BALDWIN: Have any movies? Let's see, 8 10:45 is the next item, I think. And -- 9 COMMISSIONER LETZ: I was wondering, why are you 10 killing time so much? Why don't we just end this thing? 11 COMMISSIONER OVERBY: Got to wait. 12 COMMISSIONER BALDWIN: Let's take a recess till 13 10:45. 14 (Recess taken from 10:26 a.m. to 10:45 a.m.) 15 - - - - - - - - - - 16 COMMISSIONER BALDWIN: Commissioners Court's back 17 in session. We'll take up Item 1.13 -- I see, it's a public 18 hearing. I'm sorry. We'll recess Commissioners Court, and 19 go into the public hearing for Item 1.13 on the County 20 Clerk's Records Archival Plan for the budget cycle 2012 and 21 2013. 22 (The regular Commissioners Court meeting was closed at 10:46 a.m., and a public hearing was held in 23 open court, as follows:) 24 P U B L I C H E A R I N G 25 COMMISSIONER BALDWIN: Is there anyone in the 5-14-12 64 1 public to speak on -- on this particular item? Not seeing 2 anyone, we'll close the public hearing and come back to the 3 Commissioners Court regular session. 4 (The public hearing was concluded at 10:46 a.m., and the regular Commissioners Court meeting was 5 reopened.) 6 - - - - - - - - - - 7 COMMISSIONER BALDWIN: Item 1.14; consider, 8 discuss, and take appropriate action to approve the County 9 Clerk's records archival plan for the budget year 2012 and 10 2012. Ms. Pieper? 11 MS. PIEPER: Gentlemen, Local Government Code 12 118.025 states that each document that's filed in the office, 13 there's a $5 fee. The fee for -- the records archival fee is 14 for the preservation and restoration services performed by 15 the County Clerk in connection with maintaining the County 16 Clerk's records archival. The fees are deposited into a 17 separate account in the general fund, and any interest 18 accrued remains with that account, and the funds generated 19 from the collection of this fee under this section may be 20 expended only for the preservation and restoration of the 21 County Clerk's records archival fee. And that all 22 expenditures shall comply with Subchapter C, Chapter 262, 23 which they do. And I have a proposal from Image Tek, which 24 is the company that we always use for our restoration, and 25 for this upcoming budget year, I want to spend $36,250 out of 5-14-12 65 1 that dedicated fund. And attached is the list of the 2 documents and books that go along with this. 3 MR. HENNEKE: Jannett, is Image Tek the company 4 that eGovernment spun off from? 5 MS. PIEPER: They were originally the eGovernment 6 Image Tek, and they're also the vendors of my software that 7 we have, that we've been using for years. 8 MR. HENNEKE: Okay. 9 MS. PIEPER: And all my vitals, my land records. 10 MR. HENNEKE: We had that -- you know, we had that 11 issue last year with eGovernment. 12 MS. PIEPER: Right. Completely different company, 13 you know, from what I understand. 14 MR. HENNEKE: Right. But I still think it 15 reinforces the need to -- to verify the accuracy of the work 16 done before, you know, payments are tendered. And that was 17 probably the mistake -- one of the mistakes we made in that 18 matter, was -- 19 MS. PIEPER: Right. The same -- Michelle Haas, the 20 owner of this company, is the one that I deal with. I always 21 check the work when it comes back, and so far I've not had 22 any problems, and I've been dealing with her for years. 23 MR. HENNEKE: Mm-hmm. 24 COMMISSIONER OVERBY: She got a long-term -- the 25 County's had a long-term relationship with this particular 5-14-12 66 1 group using this type of service every year? 2 MS. PIEPER: Yes, and they're wonderful to work 3 with. 4 COMMISSIONER OVERBY: Okay. Okay. 5 COMMISSIONER LETZ: So we need to -- 6 COMMISSIONER BALDWIN: This says approve the plan, 7 is all it says. 8 COMMISSIONER LETZ: I move we approve the plan as 9 presented by the County Clerk. 10 COMMISSIONER OVERBY: I'll second. 11 COMMISSIONER BALDWIN: We have a motion and a 12 second to approve the County Clerk's Records Archival Plan 13 for the budget year 2012. 14 MS. PIEPER: And 2013. 2013. 15 COMMISSIONER BALDWIN: Okay, and '13. Any further 16 discussion? All in favor, please raise your right hand. 17 (The motion carried by unanimous vote.) 18 COMMISSIONER BALDWIN: Any opposed? Zero. Motion 19 carries. Anything further? Anything further from you guys? 20 COMMISSIONER OVERBY: Motion to adjourn. 21 COMMISSIONER BALDWIN: I don't need a motion, 22 buddy. We are adjourned. 23 (Commissioners Court adjourned at 10:50 a.m.) 24 - - - - - - - - - - 25 5-14-12 67 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 16th day of May, 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 5-14-12