1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, June 11, 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 June 11, 2012 2 PAGE 3 --- Commissioners' Comments 5 4 1.1 Consider/discuss, take appropriate action to accept preliminary revision of plat for Lots 43 5 and 44 of The Reserve at Falling Waters; set a public hearing, Precinct 3 13 6 1.2 Consider/discuss, take appropriate action to 7 drop private road name Rocky Ridge Dr. N. from the record and 911 list, Precinct 1 14 8 1.3 Consider/discuss, take appropriate action to 9 review revenue projections for 2012-13 budget, proposed budget calendar for 2012-13, and other 10 budget matters 15 11 1.4 Consider/discuss, take appropriate action to review County Tax Assessor’s Commission for 12 collecting motor vehicle sales and use tax and various vehicle fees 22 13 1.5 Consider/discuss, take appropriate action to 14 review Chapter 113.022, Time for Making Deposits to the Treasurer’s Office 24 15 1.6 Consider/discuss, take appropriate action to 16 fill open 18.4 Assistant Auditor’s position in Auditor’s Department 25 17 1.7 Consider/discuss, take appropriate action to 18 address possibility of prohibiting sale or use of restricted fireworks; i.e., “skyrockets with 19 sticks” and “missiles with fins” in any portion of unincorporated area of Kerr County pursuant 20 to Local Government Code for 4th of July holiday 32 21 1.8 Consider/discuss, take appropriate action to approve plans for construction of Hill Country 22 Youth Exhibition Center show barn facilities prepared by Peter W. Lewis, architect 34 23 1.9 Consider/discuss, take appropriate action to 24 approve and issue Request for Proposal for construction of Hill Country Youth Exhibition 25 Center show barn facilities 35 3 1 I N D E X (Continued) June 11, 2012 2 PAGE 3 1.10 Follow-up on Youth Employment Program with Workforce Solutions Worksite Agreement 40 4 1.11 Consider/discuss, take appropriate action on 5 proposed budget for site work to be done by Kerr County Road and Bridge Department at 6 Hill Country Youth Exhibit Center for new show barn 47 7 1.12 Consider/discuss, take appropriate action to 8 file with County Judge a petition for creation of an Emergency Services District pursuant to 9 Ch. 775, Texas Health & Safety Code; acknowledge filing of petition with County Clerk 50 10 1.13 Consider/discuss, take appropriate action to 11 file written request for inclusion within the Emergency Services District of the City of 12 Kerrville’s municipality limits and/or extra- territorial jurisdiction; authorize presentation 13 of this request to City of Kerrville pursuant to Ch. 775, Texas Health & Safety Code 53 14 1.14 Consider/discuss, take appropriate action to 15 file written request for inclusion within the Emergency Services District of City of Ingram’s 16 municipality limits and/or extraterritorial jurisdiction; authorize presentation of this 17 request to City of Ingram pursuant to Ch. 775, Texas Health & Safety Code 54 18 4.1 Pay Bills 55 19 4.2 Budget Amendments 57 4.3 Late Bills 58 20 4.4 Approve and Accept Monthly Reports 62 21 5.1 Reports from Commissioners/Liaison Committee Assignments 63 22 5.2 Reports from Elected Officials/Department Heads 66 23 --- Adjourned 76 24 25 4 1 On Monday, June 11, 2012, at 9:00 a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regularly scheduled meeting of the 9 Kerr County Commissioners Court posted and scheduled for this 10 date and time, Monday, June 11, 2012, at 9 a.m. It is that 11 time now. Commissioner Oehler? 12 COMMISSIONER OEHLER: Yes. Would you please join 13 me in a word of prayer and the pledge. 14 (Prayer and pledge of allegiance.) 15 JUDGE TINLEY: At this time, if there's any member 16 of the public or audience that wishes to be heard on a matter 17 which is not a listed agenda item, this is your opportunity 18 to come forward and tell us what's on your mind. If you wish 19 to be heard on an agenda item, we'd prefer that you fill out 20 a participation form. There should be some located at the 21 rear of the room. That's not essential. It -- it alerts me 22 that there is someone in the audience or public that wishes 23 to be heard on a particular matter, but if you haven't filled 24 out a participation form and feel a desire to talk on an 25 agenda item, why, get my attention in some manner when we get 6-11-12 5 1 to that item; I'll give you the opportunity. But right now, 2 if there's any member of the public or audience that wishes 3 to be heard on any matter which is not a listed agenda item, 4 this is your opportunity to come forward and tell us what's 5 on your mind. Seeing no one coming forward, we will move on. 6 Commissioner Oehler, what do you have for us this morning? 7 COMMISSIONER OEHLER: Well, Judge, you know, we've 8 been talking about the -- the recycle steel that we sent down 9 to Kerrville Recycle. The check came in last week, after 10 they picked up the last container, and I've got a copy of it 11 here. It's $22,581.40, so that's -- that's pretty good, I 12 think. 13 COMMISSIONER OVERBY: That's great. 14 COMMISSIONER OEHLER: The other thing is that 15 Divide Fire Department, on next -- this coming Friday, is 16 going to have their annual fundraiser. It'll be a steak 17 dinner. Of course -- 18 COMMISSIONER BALDWIN: Who? 19 COMMISSIONER OEHLER: Divide. And, of course, as 20 usual, I might be grilling a few steaks out there. I think 21 we cooked about 800 steaks in about two hours. So, anybody 22 that's interested, I'm sure they would love to have somebody 23 else participate. It's very -- it's a one-time-a-year 24 fundraiser, and they do a really fine job of it. So, that -- 25 and Jon says I've had more rain than he has, but it sure has 6-11-12 6 1 dried up. Probably going to talk about putting the burn ban 2 back on. That's what I'm going to do, probably. 3 COMMISSIONER LETZ: It's all that grass you got out 4 there. 5 COMMISSIONER OEHLER: Well, there's just as many 6 weeds. There are more weeds than grass, but they're dying. 7 That's it. 8 JUDGE TINLEY: Okay. Commissioner Baldwin? 9 COMMISSIONER BALDWIN: Yes, sir, thank you. The 10 burn ban will go on in Precinct 1 today as well. It is dry 11 out there. I have a couple of other issues that I wanted to 12 talk about briefly. A few months ago, we had a -- in 13 Precinct 2, we had a subdivision issue come before us, the 14 Castlecomb thing out near the airport, and it was -- had to 15 do with subdivision regulations and rules, and -- and I can't 16 remember what we did, but I haven't heard anything. And I've 17 got a couple of friends that are homeowners out there that 18 are kind of getting nervous again, and it -- it has been an 19 ugly issue through the years, and I'm just wondering, next 20 meeting, if we couldn't have an update on that. 21 COMMISSIONER OVERBY: Mm-hmm. 22 COMMISSIONER BALDWIN: And just kind of see where 23 we are, and let -- let the Commissioners Court know what's 24 going on with it. Plus I have a question. When will we be 25 canvassing the votes? 6-11-12 7 1 COMMISSIONER LETZ: That's my question, too. I was 2 wondering about that. 3 COMMISSIONER BALDWIN: Okay, I won't ask it, then. 4 COMMISSIONER LETZ: No, you can ask it. 5 COMMISSIONER BALDWIN: Okay. When will we be 6 canvassing the votes? 7 JUDGE TINLEY: You've asked that question twice 8 now, Commissioner. 9 COMMISSIONER BALDWIN: Seems like I'd get an 10 answer, doesn't it? 11 JUDGE TINLEY: Elections people normally give us a 12 request for a meeting in order to do that canvassing. 13 COMMISSIONER BALDWIN: Wait, wait, wait. 14 MS. GRINSTEAD: Talk to Nadene, because I had 15 someone else ask that same question, and she said the parties 16 canvass this; they don't canvass till the November -- you do 17 not canvass till the November election. 18 COMMISSIONER BALDWIN: November? I thought it was 19 always, like, a week after the -- 20 COMMISSIONER LETZ: You may not have heard her. 21 She said the parties do it for this primary. We will not do 22 it until the November election. 23 COMMISSIONER BALDWIN: Oh, for November election. 24 I see. 25 COMMISSIONER LETZ: I thought we would do it, too. 6-11-12 8 1 Apparently not. 2 COMMISSIONER BALDWIN: Well, that's cool. So, my 3 real question in all of that -- and I appreciate your 4 answer -- is, are we going to appoint the Treasurer to go 5 ahead and take action, or are we going to not appoint -- 6 what's the plan there? Does anybody have -- what's the deal? 7 COMMISSIONER LETZ: Well, there's an agenda item to 8 replace her, so -- which kind of -- I think your question is 9 the first part, so I think we need to address that, 10 certainly, as an agenda item, which is not on the agenda 11 today. So, at our next agenda -- 12 COMMISSIONER OVERBY: Mm-hmm. 13 COMMISSIONER BALDWIN: So we don't know the answer 14 to it, is the answer. 15 JUDGE TINLEY: Not today. 16 COMMISSIONER BALDWIN: Okay. All right. Thank 17 you. Enjoyed visiting with you. 18 JUDGE TINLEY: You're not making a lot of headway 19 today. 20 COMMISSIONER BALDWIN: Not doing well here, but I 21 will in a little while. 22 JUDGE TINLEY: Okay. Commissioner Overby? 23 COMMISSIONER OVERBY: Well, I -- just quickly, on 24 Commissioner Baldwin's comment about the subdivision out 25 there in Precinct 2, we will have our County Attorney come 6-11-12 9 1 give us an update on that. I appreciate you bringing that up 2 again. That's been a long, drawn-out deal for many, many 3 years, and so we'll get an update on that. And we are in the 4 progress of getting it hopefully resolved here fairly soon. 5 We'll hear that report. 6 COMMISSIONER BALDWIN: We'll hear the report next 7 meeting? 8 COMMISSIONER OVERBY: I'll put it on the agenda; 9 we'll go ahead and do that. How's that? 10 COMMISSIONER BALDWIN: Super, thank you very much. 11 COMMISSIONER OVERBY: You bet. Burn ban's been on 12 in Precinct 2 for about 10 days, guys. I'll just tell you, 13 basically, just the fire chiefs out in Center Point, Elm Pass 14 are very concerned about the drought right now and how dry it 15 is, so we got to be praying for some rain at this time. So, 16 otherwise, we'll just keep going ahead. Here we are. 17 JUDGE TINLEY: Is that it? 18 COMMISSIONER OVERBY: That's it. 19 JUDGE TINLEY: Commissioner Letz? 20 COMMISSIONER LETZ: Two things. First, kind of an 21 update to let everyone know. Little League baseball fields, 22 there's been -- I've received some calls. I know the County 23 Attorney's received calls, and I think there must be some 24 confusion -- or there is some confusion, 'cause I've heard it 25 from Ingram; I've heard it from all kinds of different people 6-11-12 10 1 about what our plans are for the baseball fields across from 2 the Ag Barn. And let me make it about as clear as I can. 3 Those are going to remain youth baseball fields, period. 4 There's a rumor out there that that we're about to take it 5 over and put the Ag Barn over there. And I'm not sure, you 6 know, even if we wanted to, how that could happen, 'cause 7 it's all in the floodplain and nothing can be built on those 8 fields. The reason the baseball fields are where they are is 9 they're in the floodplain, and no permanent structures can go 10 over there. When we built the fields, the only two spots 11 that are not in the floodplain are the two concession stands, 12 and if we were to relook at it now, they both have flooded in 13 floods, so they're both in the floodplain. So, really, that 14 entire property is unbuildable. 15 The -- the status is, the lease with Little League 16 expired in February, and an extension -- at Little League's 17 request, an extension was granted till July 31st. And during 18 that -- you know, with the idea of we need to negotiate a new 19 lease. I talked with the Little League president over the 20 weekend, Doug Robertson. He's out of town until the 21st, 21 but there are some issues with the lease. Little League does 22 not like what, really, the County has proposed, or some of 23 our provisions that we're proposing. I don't -- and -- you 24 know, but I think he -- from talking with Doug, he 25 understands they're going to be youth baseball fields there. 6-11-12 11 1 Exactly how we handle the lease and all that goes, you know, 2 that's a little bit up in the air right now. But I just want 3 to make sure that the public -- and I know that there's -- is 4 Bonnie back there? Bonnie? That -- that if, you know, any 5 articles are written about this, that this Commissioner, and 6 I think this Court, has stated previously that those will 7 remain youth baseball fields for any youth baseball groups 8 that want to use them in Kerr County. And I don't think I 9 can say it any plainer than that. 10 The other issue is, I guess I'm, unfortunately, 11 going to have to backtrack on my optimistic report on Aqua 12 Texas at our last meeting. At that meeting, we did a press 13 release actually that kind of summarized our meeting, and the 14 biggest part of that was that Aqua Texas had agreed to have a 15 public meeting. Well, since then they have backtracked and 16 stated that they want T.C.E.Q. to have the meeting, hosted by 17 Kerr County; that they will attend. And that is a far cry 18 from what they agreed to at our meeting. So, anyway, I fired 19 off an e-mail to them last week saying that that's not what 20 we agreed to do, and so I saw no point in having T.C.E.Q. 21 come out here and go over a bunch of process on rate hikes. 22 I think our community is well aware of how it works. They 23 want to find out why it's being done and what's being done 24 from the capital improvements standpoint by Aqua Texas. 25 So, that's kind of up in the air a little bit. The 6-11-12 12 1 date for that has been set on the 27th of this month, but I'm 2 not real apt optimistic that that's going to happen. I have 3 visited with some of the community members, and they were 4 getting frustrated, so I think I'm kind of taking over the 5 coordination of that meeting, if it is to happen. And -- but 6 they did say that the fire hydrants, they will start doing 7 the fire hydrants, putting the bonnet colors on them, the 8 reflective tape. They're going to start, I believe, with the 9 Loma Vista Subdivision. So, anyway, that's all I have this 10 morning. 11 JUDGE TINLEY: If they're smart, they'll start that 12 right away so that there's some perception that they're doing 13 something besides receiving checks. Yesterday I was out and 14 about down in the Center Point area, and went by the -- the 15 Lions Park down there, and I guess there were probably 16 upwards of 75 people there, families, lots of children 17 utilizing the park area down there that Commissioner Overby's 18 been squeezing a nickel and a dime here and getting donations 19 and whatnot, and looks like they're utilizing that park down 20 there pretty extensively. And everybody seemed to be having 21 a good time, and I don't recall that park being utilized to 22 that extent previously before some of the improvements that 23 Commissioner Overby has been spearheading down there to get 24 that thing where it's in better shape for the folks down 25 there. So, that -- that's an asset of their community, and 6-11-12 13 1 they're apparently taking advantage of it. 2 And I did notice on the way back, at -- I think 3 it's called Brinks Crossing there, we got some issues we 4 probably need to work through on parking and traffic and 5 whatnot there. They're crowding the roadway for long 6 distances on both sides of the bridge by parking, and there 7 are little children moving back and forth between cars and 8 across the bridge, and we need to find a better solution out 9 there. But some of those -- some of those folks that want 10 access to the river to enjoy, particularly during the 11 summertime, they don't have a lot of places where they can do 12 that. So, that seems to be one that attracts them, and 13 hopefully we can find a solution so that we can have public 14 safety and -- and those people can enjoy access to the river. 15 Let's get on with our agenda. We've got our 16 9 o'clock item, first 9 o'clock -- or only 9 o'clock item. 17 Item Number 1 is to consider, discuss, and take appropriate 18 action to accept the preliminary revision of plat for Lots 43 19 and 44 of The Reserve at Falling Waters and set a public 20 hearing, that property being located in Precinct 3. 21 Mr. Odom? 22 MR. ODOM: Yes, sir. Thank you, Judge. Mr. and 23 Mrs. Die own Lots 43 and 44 in The Reserve at Falling Water. 24 The Dies would like to combine Lot 43 and 44, making Lot 43R, 25 a total of 8.92 acres. At this time, we ask the Court to 6-11-12 14 1 accept the preliminary revision of the plat for Lots 43 and 2 44 of The Reserve at Falling Water, to set a public hearing 3 for Monday, July the 23rd, 2012, at 9 a.m. 4 COMMISSIONER LETZ: Move approval. 5 COMMISSIONER BALDWIN: Second. 6 JUDGE TINLEY: Motion made and seconded for 7 approval of the agenda item, to set a public hearing for July 8 23rd, 2012, at 9 a.m. Question or discussion on the motion? 9 All in favor of the motion, signify by raising your right 10 hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: That motion does carry. Item Number 15 2 is a 9:05 timed item; to consider, discuss, and take 16 appropriate action to drop the private road name of Rocky 17 Ridge Drive North from the record and the 911 list, that 18 being located in Precinct 1. Mr. Odom? 19 MR. ODOM: Yes, sir. The Browns named a private 20 road back in 2001, thinking that they had to name the road. 21 They would like to drop the private road name of Rocky Ridge 22 Drive South, and not rename this road. After the Court 23 orders the name dropped, the owners have contacted the Post 24 Office, and the new address will be 501 McCullough Ranch 25 Road. At this time, we ask the Court for their approval to 6-11-12 15 1 drop the private road name of Rocky Ridge Drive North, 2 Precinct 1. 3 COMMISSIONER BALDWIN: And I wanted just to resay 4 here that -- that that's really 501 McCullough Ranch Road, 5 and it always really has been, so there's not -- there's -- 6 this is not a big issue, and I move for approval. 7 COMMISSIONER OVERBY: I'll second that. 8 JUDGE TINLEY: Motion made and seconded for 9 approval. Question or discussion? Really, this previously 10 named road is really just a driveway to their place. 11 COMMISSIONER BALDWIN: That's correct. 12 MR. ODOM: We moved the road over. And they gave 13 this land up to us, and we built the new -- new portion that 14 just went by their house there. 15 JUDGE TINLEY: Okay. Further question or 16 discussion on the motion? All in favor, signify by raising 17 your right hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: The motion does carry. Let's go to 22 Item 3; to consider, discuss, and take appropriate action to 23 review revenue projections for 2012-13 budget, proposed 24 budget calendar for 2012-13, and other matters. Ms. Hargis? 25 MS. HARGIS: Good morning. 6-11-12 16 1 COMMISSIONER OVERBY: Good morning. 2 COMMISSIONER OEHLER: Morning. 3 JUDGE TINLEY: We have a budget calendar for all of 4 you to review. Hopefully you had a chance to look over it, 5 and so we can get started this year on our budget. Anybody 6 have any revisions or changes? 7 COMMISSIONER LETZ: July 3rd, I don't know that 8 that's a good day. There's a lot going on that week. 9 MS. HARGIS: Okay. 10 COMMISSIONER LETZ: I know there's a calendar on 11 here someplace. 12 COMMISSIONER OVERBY: The 26th, I'm -- I know that 13 I'm going to -- end of this month, I'm going to have a couple 14 of dates that I'm going to be busy south, so I'm going to 15 have an issue on the 26th. 16 MS. HARGIS: Are you going to be here on the 25th? 17 COMMISSIONER OVERBY: I will be here on the 25th. 18 That's Commissioners Court. 19 MS. HARGIS: Want to do it in the afternoon on the 20 25th? 21 COMMISSIONER BALDWIN: I do. I do. That's 22 exciting. 23 JUDGE TINLEY: Hold the first budget workshop on 24 the afternoon of 25th? 25 MS. HARGIS: Mm-hmm. 6-11-12 17 1 COMMISSIONER LETZ: Let's do it, 'cause those 2 usually aren't very long. It's kind of more -- 3 JUDGE TINLEY: Yeah. 4 SHERIFF HIERHOLZER: I haven't seen it, gentlemen, 5 but I'll be gone most of that time period. 6 JUDGE TINLEY: Yeah, that's when we want to do it. 7 SHERIFF HIERHOLZER: That's what I figured. Thank 8 you. 9 COMMISSIONER BALDWIN: That would be a good time to 10 do the Sheriff and jail. 11 JUDGE TINLEY: The jail, yeah. 12 COMMISSIONER OVERBY: At that time. 13 COMMISSIONER BALDWIN: At that time. 14 JUDGE TINLEY: And the maintenance budgets that 15 relate to that, yeah. Okay. 16 COMMISSIONER BALDWIN: Is there some relation with 17 maintenance in the jail? 18 COMMISSIONER OVERBY: So, 25th of June. 19 MS. HARGIS: And then the second one, we don't want 20 to do July 3rd. Want to do two in the next week? 21 COMMISSIONER LETZ: Why can't we -- either on the 22 9th in the afternoon, or on the 10th. Why can't we, I mean, 23 combine them? 24 MS. HARGIS: Just want to do them all on the 10th? 25 COMMISSIONER LETZ: I'd say we do them starting on 6-11-12 18 1 the 10th, and see how it goes. We can schedule more later 2 that month if we need to. 3 COMMISSIONER OVERBY: I agree. 4 JUDGE TINLEY: Take out the 9th and have it just on 5 the 10th. Well, the 9th is a regular meeting. 6 COMMISSIONER LETZ: Get rid of the 3rd. 7 COMMISSIONER OVERBY: Put it on the 10th. 8 COMMISSIONER LETZ: Put it on the 10th. Then we'll 9 just see if we can schedule more after that. 10 COMMISSIONER OEHLER: Yeah. 11 MS. HARGIS: I think the biggest question will be 12 adding employees, taking away employees, and we won't have 13 our health care until after the 1st of July. 14 JUDGE TINLEY: Yeah. Sheriff, what is your 15 schedule for the 10th of July? 16 SHERIFF HIERHOLZER: That would be fine. I'm back 17 by then. 18 COMMISSIONER LETZ: Can you go somewhere? 19 (Laughter.) 20 SHERIFF HIERHOLZER: I will be here by then. Too 21 bad. 22 JUDGE TINLEY: Thank you for asking the question I 23 was going to ask. And then the 17th as a possible 24 additional, if necessary. 25 MS. HARGIS: Okay. 6-11-12 19 1 JUDGE TINLEY: Anybody have a particular heartburn 2 with that? That's the following Tuesday. 3 COMMISSIONER OEHLER: No. 4 JUDGE TINLEY: Okay. Okay. 5 COMMISSIONER LETZ: I think that -- just based on 6 our past history, do we want to put another one down for 7 later in the month also? I mean, I think the 17th will be 8 needed. 9 JUDGE TINLEY: The issue that we may have to 10 contend with from a scheduling standpoint is, generally, the 11 certified rolls are not out until late July. The 29th is the 12 date that strikes me. Is that not on or about the date that 13 they're required to be out? 14 MS. HARGIS: It's supposed to be anywhere from the 15 27th to the 31st of July, and last year I think we got it on 16 the 29th. 17 JUDGE TINLEY: Okay. 18 MS. HARGIS: So we do have a preliminary roll. 19 But, you know, last year we lost about $125,000 in actual tax 20 dollars, so we want to be careful that we, you know, see that 21 final roll. The little bit of additional -- 22 JUDGE TINLEY: I don't know that we have to 23 schedule that now, but I want it on the table, because there 24 may be -- that may be necessary, depending upon how the 25 certified rolls vary from -- from the preliminary rolls. 6-11-12 20 1 MS. HARGIS: Well, they're on time with the 2 preliminary rolls, so I think maybe, based on the fact that I 3 don't think there's many changes -- there may not be as many 4 protests this year; I don't know. There's not many changes 5 to ours. 6 COMMISSIONER LETZ: How about doing a tentative 7 meeting for August 6th, the first Monday of August? 8 MS. HARGIS: Okay. 9 JUDGE TINLEY: Let me -- let me look here. 10 August -- 11 COMMISSIONER LETZ: Or we can do it the, you know, 12 1st, 2nd, or 3rd. 13 JUDGE TINLEY: No, August 6th is going to be 14 better. 15 COMMISSIONER LETZ: That's fine. 16 JUDGE TINLEY: Let me -- let me see where we are 17 here. 18 COMMISSIONER LETZ: You can put "tentative." 19 COMMISSIONER OEHLER: For August 6th? 20 JUDGE TINLEY: Yeah. Yeah. 21 COMMISSIONER OEHLER: Leave the 10th, but just 22 leave it -- 23 COMMISSIONER LETZ: 10th, leave. 24 JUDGE TINLEY: Yeah. 10th is if it's necessary for 25 a public hearing. 6-11-12 21 1 MS. HARGIS: Is that good? Okay, I'll make those 2 changes and bring it back. 3 COMMISSIONER OVERBY: Okay. 4 JUDGE TINLEY: Okay. 5 MS. HARGIS: Just -- other budget matters, you all 6 received a copy of a revenue projection as of June. Our 7 sales tax is -- is a little bit better than it has been in 8 prior years. It's coming up a little bit. I'm a little 9 optimistic there. The rest of our fees are -- some of them 10 are up a little bit, but basically they're flat. We're not 11 seeing any increase in any of our County Clerk fees or the 12 others. They're staying kind of static, but they're at least 13 reaching the levels -- looks like they're going to reach the 14 levels that we budgeted for last year, so that's a better 15 scenario than we've had before. So, all in all, 16 revenue-wise, I think we look pretty good. I'd like to look 17 better, but at least we're fairly solid right now. So, we -- 18 depending -- 19 COMMISSIONER OVERBY: What's your early sales tax 20 increase that we're seeing right now? I mean, you said it 21 was up a little bit. What are you seeing, 4, 5 percent? 3 22 percent? 23 MS. HARGIS: 5 percent. 5 percent. I've tested 24 that probably since March, and it's kind of remaining at 25 5 percent. But -- 6-11-12 22 1 COMMISSIONER OVERBY: That's really pretty good. 2 MS. HARGIS: That is pretty good. But we'll just 3 have to kind of wait and see. It's kind of a volatile source 4 of revenue; we want to be very conservative on that side. 5 But I -- if you have any questions about the revenue 6 projections that I gave you, -- there's a lot of pages 7 there -- just please let me know. 8 JUDGE TINLEY: Okay. 9 MS. HARGIS: And -- 10 JUDGE TINLEY: Item 4 is an issue there dealing 11 with the revenue issue. Let's go ahead and take that up. 12 Consider, discuss, take appropriate action to review the 13 County Tax Assessor's commission for collecting motor vehicle 14 sales and use tax and various vehicle fees. 15 MS. HARGIS: I think about a year or so ago, 16 Commissioner Oehler brought this to all of your attention, 17 and -- but I felt like it needs to be brought up again. As 18 you recall, in 2007 the State changed the way that we receive 19 commissions for handling the license renewals for -- for our 20 cars and vehicles, and it's a decreasing schedule. And on 21 the first page of this bulletin that you can see, in 2014 22 we'll be pretty much done. We run about a year behind on 23 these. They run the year; then we get our money. So, for 24 this current year, we're getting 2011's money, and it comes 25 in the first four months of the year, and it's done. All of 6-11-12 23 1 these funds are dedicated to Road and Bridge, so this -- this 2 year we're at 419,000. That means that we are going to lose 3 all of that revenue in Road and Bridge, so we need to think 4 about how we're going to replace those funds. This is kind 5 of something for you to review, to think about. And not 6 necessarily here today, but I just want to make you aware of 7 it. We are looking at those revenues going away totally, so 8 we need to see how we're going to substitute those. 9 JUDGE TINLEY: That's declining over the years, and 10 it has been for several years. 11 MS. HARGIS: It's 10 percent a year, and it began 12 in 2006. And, again, I think Commissioner Oehler did bring 13 this to everybody's attention, but I think we're hitting the 14 door now of being there, and so we need to -- we need to 15 think about it. So, this was just a review, so that's one 16 item in the revenue that I did want you to see. The other -- 17 other thing that I prepared was a schedule on the capital so 18 that you would know where we are today with those funds. 19 This covers all the funds that we have left in all the 20 capital accounts, by department, and including the new issue. 21 We have, as of the 6th, 124,605.11 left in the 2007-2008. In 22 the 2009, we have 259,511.37. The Road and Bridge amount of 23 20,000, they've received -- those were for side loaders. 24 They have received those side loaders, but we have not been 25 billed, so those have been spent. Then we have the new 6-11-12 24 1 issue, and as you can see, we have a few line items where 2 they have been purchased. There's two of them. Road and 3 Bridge has purchased two vehicles; Environmental has 4 purchased one, and that's pretty much all that's been spent 5 as of this time. 6 JUDGE TINLEY: Any questions on that, gentlemen? 7 Okay. Let's go to Item 5; to consider, discuss, take 8 appropriate action to review Chapter 113.022, time for making 9 deposits to the Treasurer's office. Ms. Hargis again. 10 MS. HARGIS: This is also another reminder. 11 Remember a couple years ago, or three years ago, when our 12 former -- our District Judge was the County Attorney, we 13 talked about the deposits coming in every 30 days, and that 14 was the law. In September of 2011, that changed. And we 15 haven't really pressed that issue, but we -- we really need 16 to think about that. And when you get the reports from all 17 the different departments, if they come in on the second 18 court date, they're late. That means our cash flow is down. 19 So, what I'm asking is that all the departments be very aware 20 that the law says they have to have all their funds to the 21 Treasurer by the 15th. The Court can make it earlier, but it 22 can't be later than 15th of the month. And it's not so much 23 that we are making a whole lot of money off of our -- of our 24 cash flow, but it does affect how we invest what we do have, 25 because we don't know what's coming in. Second of all, cash 6-11-12 25 1 flow's very important, as we all know in our own -- in our 2 own households. We need to keep that -- those reports coming 3 in in a timely manner. So, I'm just asking that all 4 departments and the Court be aware that all reports need to 5 be here probably by the first court date of the month. 6 JUDGE TINLEY: Bottom line is, in September the law 7 changed, and it reduced the date to 15 days. 8 MS. HARGIS: That's correct. So, again, this is 9 just a reminder. I just wanted all of us to be aware. To be 10 honest with you, it kind of slipped through the cracks for me 11 till I saw on it my listserv. So... 12 JUDGE TINLEY: Okay. Item 6; to consider, discuss, 13 take appropriate action to fill the open 18.4 Assistant 14 Auditor's position in the Auditor's department. Ms. Hargis? 15 MS. HARGIS: First of all, apparently when I put 16 the 18.4, Tracy's position is a 17.3. I was in a hurry and 17 just picked that out. I do need to fill this position. I am 18 asking to be able to post it, rather than just post it 19 myself, which I could under my regulations, but I'm asking 20 the Court to give me the opportunity to post this job so that 21 I can get a replacement. 22 COMMISSIONER BALDWIN: 18.4, what is it really? 23 MS. HARGIS: 17.3. 24 COMMISSIONER LETZ: I have no problem with posting 25 it, but you can't -- but just don't fill it until we figure 6-11-12 26 1 out what we're doing with the rest. 2 MS. HARGIS: No, I'm -- I'm just asking to be able 3 to post the job. 4 COMMISSIONER LETZ: That's fine. 5 COMMISSIONER BALDWIN: Now, do you post it 18.4 or 6 17.3? 7 MS. HARGIS: I'm going to post it as a 17.3. 8 COMMISSIONER BALDWIN: The agenda item says 18.4. 9 MS. HARGIS: Yes, sir. I made a mistake; I'm 10 sorry. 11 JUDGE TINLEY: There's no problem with that, is 12 there? I didn't think so. 13 MS. HARGIS: If I can -- 14 COMMISSIONER OVERBY: I'll make -- 15 COMMISSIONER LETZ: Go ahead. 16 COMMISSIONER OVERBY: I'll make a motion on that. 17 Let me just make sure -- you can go ahead and post the job 18 for the Assistant Auditor's position in the Auditor's 19 department at -- posted at a 17.3. 17.3. 20 COMMISSIONER LETZ: Second. 21 JUDGE TINLEY: Motion made and seconded as 22 indicated. Question or discussion? All in favor, signify by 23 raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 6-11-12 27 1 (No response.) 2 JUDGE TINLEY: Motion carries. 3 MS. HARGIS: Can I go back to Item 3? There were 4 two other things I handed out. I just want to be sure that 5 you all have a copy of it. One of them was -- had to do with 6 employees, and I want to be sure that y'all got a copy of 7 that and had a chance to review it. And then the other one 8 was also for positions. People had requested positions, as 9 well as increases for those positions. You've been -- and 10 the schedule I gave you, the highlighted ones are the new 11 positions. The unhighlighted ones are for increases in that 12 particular position. 13 JUDGE TINLEY: We'll take those up in the budget 14 workshops here. 15 MS. HARGIS: I just want to make sure everybody got 16 a copy, and if there's any questions, please feel free to ask 17 me. 18 JUDGE TINLEY: Okay. 19 MS. HARGIS: At any time. 20 COMMISSIONER BALDWIN: Let me ask you something 21 related to that. Has there been -- or is there going to be, 22 from you or the financial officer here, a flat, 23 across-the-board salary increase? Or are we just going to 24 deal with these individuals? 25 MS. HARGIS: That was one of the -- you did get a 6-11-12 28 1 possible increase that you could -- for you to look at, as 2 well as a possible for the elected officials. I gave you 3 that sheet. 4 JUDGE TINLEY: We're looking at that as part of the 5 budget process. 6 MS. HARGIS: I want -- you know, right now I'm not 7 recommending anything until you have a chance to look at 8 that. 9 COMMISSIONER BALDWIN: And then the -- you're 10 talking about across the board. 11 JUDGE TINLEY: Well -- 12 COMMISSIONER BALDWIN: And then does that -- does 13 that cover these individual requests? 14 MS. HARGIS: Some of them are much higher than 15 that. 16 JUDGE TINLEY: Yeah. 17 MS. HARGIS: Much higher. 18 COMMISSIONER BALDWIN: Which is much higher than 19 the other? 20 MS. HARGIS: Some of the -- 21 JUDGE TINLEY: The requests. 22 MS. HARGIS: The individual requests are much 23 higher. 24 JUDGE TINLEY: Generally, yes. 25 MS. HARGIS: The individual requests are like 6-11-12 29 1 really raising them, you know, to several levels. Or -- or 2 actually going up two grades or more. 3 COMMISSIONER BALDWIN: Yeah. 4 MS. HARGIS: No, the individual requests are much 5 higher. 6 COMMISSIONER BALDWIN: Let me ask you something. 7 Are we going to set one of these budget workshops -- are we 8 going to set aside one in particular just to deal with these 9 salaries, or are we going to commingle it? 'Cause that's -- 10 always seems to me that's always a long conversation where 11 there is some possibly gnashing of teeth, et cetera. And it 12 seems like to me that it would be better for us to set aside 13 a -- one workshop to deal with salaries only. 14 JUDGE TINLEY: Personnel issues? 15 COMMISSIONER BALDWIN: Mm-hmm. 16 JUDGE TINLEY: I think we've traditionally -- we've 17 traditionally broken up those workshops in the past, one 18 dealing primarily with personnel issues. We'll have one 19 dealing with the insurance; that used to be a pretty major 20 item, if you'll recall. Then we -- we used to have one that 21 was pretty well dedicated to capital, but by virtue of the 22 process we've adopted in the last few years, that's pretty 23 well off the table. We've already handled that. Then the -- 24 the other aspect would be going through individual budgets, 25 because of the individual -- I'm going to call them minor, 6-11-12 30 1 non-meat and potatoes matters, and I think we work those out 2 individually with the various departments, and we have very 3 little -- we have very little activity there, really, when it 4 comes right down to it, other than spending some time that 5 may not be well spent in some instances. But that's pretty 6 much how we break it down, anyway, Commissioner. And so 7 that's probably how we're going to schedule these workshops, 8 is the way we've done that in the past, which would be one 9 dealing primarily with personnel matters. The agenda item 10 will leave it, in addition to those specific matters, 11 open-ended so that we can get into other items, as we have in 12 the past, but that's probably the way we're going to go ahead 13 and go forward with this time too. 14 COMMISSIONER BALDWIN: Good. 15 COMMISSIONER LETZ: One thing that I'd like to -- I 16 see Ms. Lantz here -- give her -- I know she needs something 17 to do just in the next couple weeks. And the first item is 18 going to be largely driven by where we are budget-wise, but 19 I'd like to get an idea of what it would cost to do a -- I'll 20 call it another Nash study. I don't know that I want to use 21 Nash again, but we've talked about trying to look at our 22 overall salary structure to see how we're internally and -- 23 and internal to external, where we are. I know we have made 24 a lot of changes to job descriptions since the Nash study, 25 which was in 2000, I believe. So -- but they're expensive. 6-11-12 31 1 Those are expensive projects. 2 MS. HARGIS: About $125,000. 3 COMMISSIONER LETZ: So -- 4 MS. HARGIS: 125,000 to 150,000. 5 COMMISSIONER LETZ: But, anyway, we need to kind 6 of, you know, keep that in the back of our mind, if we want 7 to look at that, or if that's something we need to do at some 8 point. The other thing, my recollection is that last budget 9 cycle, we talked about looking at department heads in 10 Maintenance, Animal Control, Environmental Health, and trying 11 to look at kind of some comparative counties, what they're 12 paid. 'Cause that's come up a lot, and -- you know, whether 13 we equalize those salaries or don't equalize those salaries 14 or just where they should be, and try to come up with some 15 criteria for that so we're just not pulling numbers out of 16 thin air for those three department heads. I think some of 17 the others were pretty close; we've we equalized them a while 18 back. We've had some personnel changes, I know. I know 19 Maintenance got reduced substantially when we -- after the 20 last Maintenance supervisor left. So, we just need to look 21 at those, I think, and make sure that those other areas are 22 where they should be. 23 MS. HARGIS: I would suggest that we do have a 24 preliminary A.R. budget out there that is open for all of you 25 to look at. And if you you've forgotten how, we'll be glad 6-11-12 32 1 to come and show you how to get into that. 2 JUDGE TINLEY: Ms. Lantz, if you'll get with me, 3 I've got the county groupings by population, and can give you 4 some -- a listing of those so that you can do a poll of 5 comparable counties on -- on those department heads, because 6 they're not listed in the salary study that TAC does. The 7 TAC -- 8 MS. LANTZ: Yes. 9 JUDGE TINLEY: The only one that's not elected, I 10 think, is the Auditor, that's in the salary study that's done 11 by TAC. So -- but this will give you an idea of what -- what 12 departments you need to call in what counties, okay? 13 MS. HARGIS: Is that it? 14 JUDGE TINLEY: Okay. 15 MS. HARGIS: Thank you. 16 JUDGE TINLEY: Thank you. Let's go to Item 7; 17 consider, discuss, take appropriate action to address the 18 possibility of prohibiting the sale or use of restricted 19 fireworks, being skyrockets with sticks and missiles with 20 fins, in any portion of the unincorporated area of Kerr 21 County pursuant to Local Government Code, Section 352.051 for 22 the 4th of July holiday. I put this on for the Court's 23 consideration. It's generally driven by fire safety, but 24 there it is for anybody that wants to jump on it. 25 COMMISSIONER LETZ: And this is the last meeting 6-11-12 33 1 that we can implement it, correct? 2 JUDGE TINLEY: Yes, because the other one would be 3 within 15 days. 4 COMMISSIONER LETZ: Right. 5 COMMISSIONER BALDWIN: What about taking it off? 6 What's the rule there? I can't remember. 7 JUDGE TINLEY: If we implement it now, but at our 8 next meeting -- 9 COMMISSIONER BALDWIN: If we get 6 inches of rain. 10 JUDGE TINLEY: -- we decide to pull it? 11 COMMISSIONER LETZ: We can. 12 JUDGE TINLEY: I would think we could void any 13 court order at any meeting of the Court. 14 MR. HENNEKE: I generally agree with that. 15 COMMISSIONER BALDWIN: Well, as of right now, I 16 think the conditions warrant the passage of this agenda item, 17 so I move for approval. 18 JUDGE TINLEY: I have a motion. Do I hear a 19 second? 20 COMMISSIONER OVERBY: Second. 21 COMMISSIONER OEHLER: I'll second. 22 JUDGE TINLEY: We have a motion and a second to 23 implement the fireworks ban with respect to skyrockets with 24 sticks and missiles with fins in the unincorporated areas of 25 Kerr County. 6-11-12 34 1 COMMISSIONER OEHLER: And those are the only two 2 types of fireworks that will be limited. 3 JUDGE TINLEY: Yeah. 4 COMMISSIONER OVERBY: Right. 5 JUDGE TINLEY: Yeah, primarily of because the 6 distance. They go off your property onto someone else's. 7 COMMISSIONER OEHLER: Right, burn somebody else's 8 house down. 9 JUDGE TINLEY: Yeah. Don't care if people burn 10 their own house down with fireworks, but... Any further 11 question or discussion on the motion? All in favor, signify 12 by raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: The motion does carry. Let's go on 17 to Item 8, if we might; to consider, discuss, and take 18 appropriate action to approve the plans for construction of 19 the Hill Country Youth Exhibit Center show barn facility 20 prepared by Peter W. Lewis Architect and Associates. 21 Commissioner Oehler? 22 COMMISSIONER OEHLER: Well, Judge, we're finally at 23 the point, I believe, to do this. We've been working a long 24 time on getting this plan finalized, and we have worked 25 diligently, and along with Mr. Lewis and Mr. Hatch and 6-11-12 35 1 Mr. Maxwell to get all this -- 2 MR. LEWIS: My associates. 3 COMMISSIONER OEHLER: And other associates. 4 MR. LEWIS: Other associates. 5 COMMISSIONER OEHLER: Stock show folks, 4-H, myself 6 and this Court. I believe we're to the point to where I'll 7 let Mr. Lewis take it from here and present the plan that is 8 finally, I think, ready to go. 9 MR. LEWIS: Morning, Your Honor, Commissioners. 10 What I have today with me are two sets of construction 11 drawings. One is for the show barn, and one is for a 12 rainwater collection system that would complete the project. 13 I have both drawings and specifications to present to you 14 this morning. I will have an electronic version of that in 15 the clerk's office later today. We -- with the invitation to 16 bidders that is in these documents, we are soliciting bids to 17 be received by Friday, June 29th, at 2 p.m. 18 JUDGE TINLEY: Let me stop you right there. That's 19 the next agenda item. 20 MR. LEWIS: Oh, I'm sorry. 21 JUDGE TINLEY: In order that we can just fold all 22 this thing together, let me go ahead and call Item 9. 23 MR. LEWIS: All right. 24 JUDGE TINLEY: To consider, discuss, take 25 appropriate action to approve and issue the Request for 6-11-12 36 1 Proposals for construction of the Hill Country Youth Exhibit 2 Center show barn facility. Okay, now we're there. 3 MR. LEWIS: Very good. As I was saying, we are 4 slated to receive bids on Friday, June 29th, 2 p.m., to be 5 opened at Commissioners Court in public session Monday, July 6 2nd, at 10 a.m. We have passed these -- these dates around 7 for review, and they've been blessed by the attorney and 8 Commissioners. There will be a pre-bid meeting at the site 9 for each of these complementary projects on Wednesday, June 10 20th, for all interested bidders. The first one for the show 11 barn will be a walk-through of the site; that will be at 12 10 a.m. The second for the rainwater system will be at 13 11:00. The packages are -- we have two separate packages, 14 because the -- we believe that there's some savings to be had 15 by just going to the rainwater contractors to handle that, 16 and as that was -- that may or may not be -- there may not be 17 sufficient funds to do that. We can isolate that as a cost. 18 The construction drawings also have several alternates in it 19 that are for either adds or deducts, and the project will be 20 advertised. We will issue two sets of drawings to each of 21 the bidders at our office, and then they can purchase 22 additional sets, but that is one way we will be able to keep 23 up with those interested. We've already had some contact 24 from bidders outside of the area, and we, for several years 25 now, have had interest from the local bidders. So, I expect 6-11-12 37 1 to get good sets of bids in on this. 2 JUDGE TINLEY: The -- the construction activity 3 climate is such that you're anticipating -- 4 MR. LEWIS: A rather good -- 5 JUDGE TINLEY: -- a fairly large degree of 6 interest? 7 MR. LEWIS: Fairly large degree of interest. It's 8 a large enough project that it will -- we should see plenty 9 of interest from the San Antonio area, possibly from the 10 Austin area. We have -- on a recent project this past year, 11 we received interest from a company out of Lubbock. So, it's 12 really hard to say. I know that the general contractors that 13 I talk to frequently locally are very interested, and 14 there's -- there seems to be an uptick in construction 15 activity, but there's also a lot of competition for it. So, 16 I think -- 17 JUDGE TINLEY: Not enough to keep everybody busy. 18 MR. LEWIS: Not enough to keep everybody busy. 19 People are going further afield to find work, and so we're 20 fortunate to have -- be able to put this project out for bid. 21 COMMISSIONER OVERBY: That's good. 22 COMMISSIONER OEHLER: We just need to approve the 23 plan first? 24 COMMISSIONER LETZ: Right. 25 JUDGE TINLEY: Mm-hmm. 6-11-12 38 1 MR. LEWIS: I really appreciate the Commissioners 2 involvement in this project. All of you have had some 3 involvement, particularly Jonathan -- most recently, Jonathan 4 and Commissioner Oehler. We -- you know, they've been 5 available any time we've needed for meetings and discussion, 6 to make decisions. And also stock show folks have been very 7 helpful, and we appreciate their input. 8 COMMISSIONER LETZ: Commissioner Oehler's been more 9 involved than I have. 10 COMMISSIONER OEHLER: I move we approve the plans 11 for construction of the Hill Country Youth Exhibition Center 12 and the rainwater cachement system. 13 COMMISSIONER LETZ: Second. 14 JUDGE TINLEY: The show barn facility? 15 COMMISSIONER OEHLER: Yes. 16 JUDGE TINLEY: Okay. Motion made and seconded as 17 indicated. Question or discussion on the motion? All in 18 favor of the 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: That motion does carry. 23 COMMISSIONER LETZ: I'll make a motion that we 24 authorize Request for Proposals for the construction of the 25 Hill Country Youth Exhibit Center show barn facility to be 6-11-12 39 1 issued, with the date for them to be back 6/29 -- is that 2 correct? 3 JUDGE TINLEY: Close of business, 5 p.m.? 4 COMMISSIONER OEHLER: It's at 2:00, I believe. 5 MR. LEWIS: At 2:00. 6 JUDGE TINLEY: 2 p.m. on 6/29. 7 MR. LEWIS: Yes. 8 JUDGE TINLEY: And those would be returnable -- 9 MR. LEWIS: And they -- they will be delivered -- 10 JUDGE TINLEY: -- to the Clerk's office -- County 11 Clerk's office. 12 MR. LEWIS: Brought to the Clerk's office. We 13 won't receive bids. If we do, we'll send them down here. 14 JUDGE TINLEY: And the bids to be opened, then -- 15 MR. LEWIS: At 10 a.m. on Monday, July 2nd. 16 JUDGE TINLEY: Okay. 17 COMMISSIONER OEHLER: July 2nd. 18 JUDGE TINLEY: Okay. And that is your motion? 19 COMMISSIONER LETZ: Yes. 20 COMMISSIONER OEHLER: I'll second. 21 JUDGE TINLEY: And we have a second. Further 22 question or discussion on that motion? All in favor, signify 23 by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 6-11-12 40 1 (No response.) 2 JUDGE TINLEY: That motion does carry. Thank you, 3 sir. 4 MR. LEWIS: Yes, sir. 5 JUDGE TINLEY: We appreciate it. 6 COMMISSIONER OVERBY: Thank you, Mr. Lewis. 7 MR. LEWIS: Thank you. Thank y'all. 8 COMMISSIONER OEHLER: Thank you. 9 JUDGE TINLEY: Let's move to Item 10, a follow-up 10 on youth employment program with Workforce Solutions worksite 11 agreement. Commissioner Overby? 12 COMMISSIONER OVERBY: Yeah. Commissioners, I put 13 this back on. As you remember, last time we had a 14 presentation on our Workforce agreement that AACOG's 15 promoting in our area, I asked Mr. Plummer to come here 16 today. I've had that Workforce agreement looked at by our 17 County Attorney, and he's looked at that. We've had several 18 departments that will be participating in our program that 19 are in that agreement. I asked Mr. Plummer to come. One of 20 the -- we have the County Clerk's office is going to be 21 participating in it, Road and Bridge, our Maintenance 22 Department; give everybody an opportunity to respond. And 23 also talked to John Trolinger, and John had some interest, 24 again, with our I.T. Department. Several other counties in 25 our area are using this opportunity with different 6-11-12 41 1 departments this year, and there was some interest from 2 Mr. Trolinger to have somebody. But I also wanted to bring 3 it back so that if we had any questions about -- I know 4 Commissioner Letz had some questions about not wanting to 5 have anybody in the I.T. just because of the information that 6 they may have available to them, and I asked Randy to be here 7 today to have some discussion on that. And, John, you might 8 address also -- if you still have that interest for somebody 9 in that area, I know that -- I understand you might want to 10 address that, if there's somebody that could be used in your 11 department that would not have opportunity to be available to 12 that kind of information. You might elaborate a little bit 13 on that, if you would. 14 MR. TROLINGER: Okay. Well, I am interested in 15 having a summer hire person, and that could be a teenager. 16 That would be great. It's a good way to get them interested 17 and started in I.T., and we need that interest. There's a 18 lot of demand for good people in I.T. I've checked with both 19 the County Clerk and with the Tax Assessor; they're fine with 20 that type of person going through their offices, which they 21 would have to do. My thoughts are that this would be a 22 person that would do an inventory, that would physically move 23 equipment around, would take care of the disposal of 24 equipment, and we've got a large turnover this year. 2007 25 was a big year for computer replacements, and this is five 6-11-12 42 1 years now, and we're replacing lots of computers this summer, 2 so it would be ideal to have a person like this that would 3 not have computer access. They would not have administrative 4 access to the computer system, but they would physically be 5 involved with moving equipment around and -- and on the 6 peripherals involved in I.T. You know, the -- the inside 7 portions. 8 JUDGE TINLEY: Would not have any access to any of 9 the software programs that we use in connection with county 10 business? 11 MR. TROLINGER: That's right. And -- and where to 12 station that person, I see him working at the courthouse, and 13 maybe a couple of peripheral offices, but, you know, not over 14 at the Sheriff's Office; not -- not at the jail or any kind 15 of extension facilities at all. 16 COMMISSIONER OVERBY: Thanks, John. 17 SHERIFF HIERHOLZER: My only request, Your Honor, 18 would be if he does come out there, that there's a full-time 19 I.T. person with him at that time. They're not going to be 20 allowed access into the jail, but if they're allowed access 21 into any other part of the Sheriff's Office, I would request 22 that there be a full-time I.T. person with them; not by 23 themselves. 24 JUDGE TINLEY: Well, I think you'd have the 25 authority to -- 6-11-12 43 1 SHERIFF HIERHOLZER: Yeah. 2 JUDGE TINLEY: -- to impose that requirement there 3 at your facility. 4 COMMISSIONER LETZ: Yeah. But I don't see any 5 point to even let them go to the jail under that, because I 6 don't want to be expending manpower watching somebody. 7 JUDGE TINLEY: Yeah. 8 COMMISSIONER LETZ: So the person has no access to 9 the jail? 10 MR. TROLINGER: Yeah, I just don't see them at the 11 detention facilities at all. You know, maybe -- maybe one 12 time to go pick up equipment, if something needs to be picked 13 up or dropped off. But there would be no inside access where 14 that person goes in the front door on their own, at all. I 15 just don't see it happening. 16 JUDGE TINLEY: We're finally going to get to you. 17 MR. PLUMMER: Good morning, Judge. 18 JUDGE TINLEY: Good morning. 19 MR. PLUMMER: Commissioners. I appreciate y'all 20 taking time again to listen. We have gone through -- 21 Mr. Henneke has reviewed the contract and asked for some 22 revisions, and we have done that, so I have those to give to 23 him. He can take a look at them. If there's anything else 24 he needs us to change, he could get back with us. And 25 hopefully, we've got it all down, and maybe -- maybe approved 6-11-12 44 1 at this point, hopefully. So, anything -- we still have 2 youth coming to us enrolling in our summer youth program, so 3 we've had a really good turnout with the youth. We've got 48 4 people currently enrolled, and -- 5 COMMISSIONER BALDWIN: My gosh. 6 MR. PLUMMER: -- the major -- majority is Kerr 7 County. Out of the four counties that we cover through the 8 Workforce Solutions office, Workforce here has 48 enrolled 9 for these four counties, so it's -- 10 COMMISSIONER OVERBY: I think, also -- make sure we 11 reiterate again, this is a program that is funded through 12 this grant -- I mean, this -- for their salaries, for 13 workman's comp, all that. The County -- 14 MR. PLUMMER: Those are paid -- 15 COMMISSIONER OVERBY: -- has no expense in this. 16 MR. PLUMMER: Those are paid -- 17 COMMISSIONER OVERBY: This is a great program. 18 MR. PLUMMER: Those are paid by Workforce. And -- 19 but we've had a pretty good turnout, and the majority are 20 Kerr County. So, we hope to get this approved, and maybe get 21 some people working for you. 22 JUDGE TINLEY: Well, I understand that you're 23 wanting to start placing these people in early June, -- 24 COMMISSIONER OVERBY: Now. 25 JUDGE TINLEY: -- which is where we are right now. 6-11-12 45 1 MR. PLUMMER: Yes, sir. We will -- 2 COMMISSIONER OEHLER: I talked to Janie the other 3 day at Animal Control, and she welcomes a person to help out 4 there, because she has been short-staffed anyway, and there's 5 some other issues. But -- 6 JUDGE TINLEY: She's gone into the equine business 7 lately. 8 COMMISSIONER OEHLER: She has gotten more of that 9 thing, equines and rheas. One day it's a donkey, the same 10 day a horse, then a bunch of rheas get loose. It's a rodeo. 11 Sheriff's Department had to get involved in helping. It's a 12 circus out there sometimes. 13 JUDGE TINLEY: At the Sheriff's Office? 14 COMMISSIONER OEHLER: Well, it can be there. 15 (Laughter.) We couldn't exempt him. 16 COMMISSIONER BALDWIN: No, that's a zoo. 17 JUDGE TINLEY: Oh, I'm sorry. 18 COMMISSIONER OVERBY: We need to add Animal 19 Control, then, for request, then, 'cause we did not hear back 20 from them. So, I'm glad to hear -- 21 COMMISSIONER OEHLER: Well, she wasn't sure what 22 the deal was until I explained it to her. And she is 23 really -- 24 JUDGE TINLEY: Are you in the mix, Tim? 25 MR. BOLLIER: Yes, sir, I sure am. 6-11-12 46 1 JUDGE TINLEY: Okay. 2 MR. GARCIA: You can add Environmental Health as 3 well. 4 COMMISSIONER OVERBY: Okay, there's two more. 5 COMMISSIONER OEHLER: Get another bid from someone 6 before this thing closes out. 7 COMMISSIONER OVERBY: I guess the issue is, is 8 there any issue with I.T., then, having one added to that 9 department for the summer? No issue? 10 COMMISSIONER OEHLER: On the parameters set out, I 11 think probably not. 12 COMMISSIONER OVERBY: Okay. 13 JUDGE TINLEY: Subject to the approval of the 14 contract by the County Attorney, then, you're asking that 15 this be approved today? 16 MR. PLUMMER: Yes, sir, as well as maybe a couple 17 of additions, it sounds like. 18 JUDGE TINLEY: Yeah. Yeah. 19 MR. PLUMMER: And those, of course, would come 20 from -- from you, and we'll get those updated. 21 JUDGE TINLEY: Okay. 22 COMMISSIONER OVERBY: Okay. Thanks, Randy. 23 MR. PLUMMER: Good deal. I sure appreciate your 24 time this morning very much. 25 COMMISSIONER OVERBY: Well, I guess we need a 6-11-12 47 1 motion with those additions, again, added to this worksite 2 agreement; is that correct, Judge? Or is that -- do we need 3 to do that? There's no action on it? 4 JUDGE TINLEY: I don't see where it calls for any 5 action. 6 COMMISSIONER OVERBY: Okay. 7 MR. HENNEKE: I don't see action being necessary to 8 add -- I mean, at the last Commissioners Court meeting, the 9 agreement was approved, and, really, the only reason it was 10 brought back was because of the discussion over I.T. But -- 11 COMMISSIONER OVERBY: Okay. 12 MR. HENNEKE: -- we'll put those extra departments 13 in there, and I'll send it up, Judge, after I clean it up. 14 JUDGE TINLEY: Okay. Let's go on to Item 11, then; 15 consider, discuss, take appropriate action on the proposed 16 budget for site work to be done by Kerr County Road and 17 Bridge Department at Hill Country Youth Exhibit Center for 18 the new show barn. Commissioner Oehler? 19 COMMISSIONER OEHLER: Well, I was asked to get this 20 together, and Kelly put it together for us, and you have it 21 before you. Estimated cost -- and, of course, the budget 22 that she has proposed has some contingency in it just in 23 case. 24 JUDGE TINLEY: Mm-hmm. 25 COMMISSIONER OEHLER: But that total budget, if I'm 6-11-12 48 1 reading it correct, I have 41,760 for site work to be 2 performed at the Youth Exhibition Center for the show barn, 3 Phase I. 4 JUDGE TINLEY: That includes the -- the testing to 5 be done by the third party, that Rock Engineering that we 6 used over at the -- 7 COMMISSIONER OEHLER: That is correct. And that 8 figure is fairly inexpensive. That's less than I thought. 9 JUDGE TINLEY: Well, the number of lifts that 10 they're having to do here is considerably less than the 11 6-plus foot buildup that they had to do over at the Sheriff's 12 Office annex. That was a much more complicated -- 13 COMMISSIONER OEHLER: That's correct. So, I move 14 that we approve the budget submitted by Road and Bridge for 15 site work at the Youth Exhibition Center, Phase I, show barn. 16 COMMISSIONER LETZ: Second. 17 JUDGE TINLEY: Motion made and seconded. Question 18 or discussion? 19 COMMISSIONER LETZ: And just to clarify, these 20 funds, then, are reimbursable out of the -- 21 COMMISSIONER OEHLER: Capital. 22 COMMISSIONER LETZ: -- proceeds of our capital 23 projects. 24 JUDGE TINLEY: I don't think it's a matter of 25 reimbursable. We pay them directly. 6-11-12 49 1 MS. HARGIS: I need a copy of the budget for them, 2 too. 3 COMMISSIONER LETZ: Well, I mean, that's where the 4 funds for this are -- reimbursing to Road and Bridge for 5 their expenditures. 6 JUDGE TINLEY: Oh, okay. Yeah, okay. 7 COMMISSIONER OVERBY: I do have one comment, 8 Commissioner. I would like to also mention at the same time 9 from the Martin Marietta Materials, Steve Gallion, who's 10 working with them, I know he does a wonderful job, but he has 11 done so much for Kerr County, and in supplies and in 12 materials. And, of course, they've donated a lot of stuff in 13 or our park improvements as well, so I appreciate that. 14 Mr. Gallion's been great from Martin Marietta. I think this 15 is a good deal here. 16 COMMISSIONER OEHLER: It's a great deal, and Martin 17 Marietta is going to probably be the supplier of material 18 that needs to be put in for the -- for the pad. 19 COMMISSIONER OVERBY: Appreciate their 20 contributions. 21 COMMISSIONER OEHLER: You bet. And anybody else 22 that wants to contribute. 23 COMMISSIONER BALDWIN: Judge, I want to comment. 24 This is a good budget, easy to understand. It's detailed. I 25 mean, we're down to the Gatorade here, and I really -- did 6-11-12 50 1 Road and Bridge do this? 2 COMMISSIONER OEHLER: Yes, they did. 3 COMMISSIONER BALDWIN: They did an excellent job. 4 JUDGE TINLEY: Kelly did that. 5 COMMISSIONER OEHLER: Kelly put it together at my 6 request. She did it very quickly. 7 COMMISSIONER BALDWIN: Very good. 8 COMMISSIONER OEHLER: They've really been good to 9 work with. Kelly -- I've really enjoyed my time with them. 10 COMMISSIONER BALDWIN: Does that mean you're 11 through or what? 12 COMMISSIONER OEHLER: My involvement's going to be 13 less. I'm still healing up from some of the burns on my 14 body. 15 JUDGE TINLEY: Okay. I have a motion and a second. 16 Further question or discussion? All in favor, signify by 17 raising your right hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: The motion does carry. Let's go to 22 Item 12; to consider, discuss, and take appropriate action to 23 file with the County Judge a petition for creation of an 24 emergency services district pursuant to Chapter 775, Texas 25 Health and Safety Code, and to acknowledge filing the 6-11-12 51 1 petition with the County Clerk once received by the County 2 Judge. Commissioner Baldwin? 3 COMMISSIONER BALDWIN: Yes, sir. Thank you for the 4 opportunity to present this. What I'm about to hand you is 5 the -- the verbiage that outlines the emergency service 6 district, along with signatures of folks that have committed 7 themselves to the $150 part of it, as well as over 110 8 signatures of citizens that are property owners and 9 registered voters, and I just wanted to make one statement 10 about all of that. What this does is simply puts it on the 11 -- gives us the opportunity to put it on the ballot for 12 November for the citizens to vote. It's -- it also -- the 13 next step would be that there would be a letter go to the 14 City of Kerrville -- well, that's a separate agenda item. 15 But -- but these documents that I'm going to hand you creates 16 all of that. It gives us -- gives us freedom to do the 17 things that the law outlines. But, once again, we're simply 18 allowing the citizens to vote on this issue up and down. 19 Congratulations, Judge. 20 JUDGE TINLEY: Thank you, sir. 21 COMMISSIONER LETZ: Commissioner, question. Just 22 based on my recollection of prior, similar-type elections, 23 the Commissioners Court can educate or spend funds to 24 educate, but we cannot promote; is that correct? 25 COMMISSIONER BALDWIN: I think that is correct. 6-11-12 52 1 MR. HENNEKE: You can't advocate, but you can -- 2 COMMISSIONER LETZ: We just educate. But if a 3 citizens group wants to form, either for or against it, that 4 can be done, but it just -- but no public funds can go into 5 it. 6 MR. HENNEKE: Of course, yeah. Private citizens 7 have First Amendment rights to support or oppose any kind of 8 public issue like this. 9 COMMISSIONER LETZ: Okay. Just wanted to make sure 10 I understood. 11 COMMISSIONER BALDWIN: But, you know, there are a 12 lot of people talking about those kind of details. You know, 13 all we're -- this issue today is just simply -- in my mind, 14 is simply putting it on the ballot for the citizens to be 15 able to have those conversations. 16 COMMISSIONER LETZ: Right. 17 COMMISSIONER BALDWIN: If we don't get this part 18 done today, and we get the letters to the city -- to the two 19 cities, et cetera, and get all that done, if he refuses to 20 hand it to the County Clerk, which I don't think he will, you 21 know, something -- that wouldn't happen. Then there's no 22 reason for to us move forward. 23 COMMISSIONER LETZ: Yeah, this is the first step. 24 COMMISSIONER BALDWIN: Just the first step. 25 COMMISSIONER LETZ: Okay. 6-11-12 53 1 COMMISSIONER BALDWIN: So, do -- is there a motion 2 or anything that I need to do here with this? 3 MR. HENNEKE: No, sir. This is just -- 4 JUDGE TINLEY: You handed to it me. 5 MR. HENNEKE: -- public acknowledgment. 6 JUDGE TINLEY: Let the record reflect now that I am 7 delivering the petition to the County Clerk for her to file, 8 which will initiate that process. By the way, Commissioner, 9 those 100-plus property owners and voters in Kerr County have 10 all been certified as such -- 11 COMMISSIONER BALDWIN: Yes. 12 JUDGE TINLEY: -- by the Elections Department and 13 Tax Assessor's office? 14 COMMISSIONER BALDWIN: That is correct, sir. 15 JUDGE TINLEY: Of the Kerr County Tax Assessor's 16 office. 17 COMMISSIONER BALDWIN: That's correct. 18 JUDGE TINLEY: Okay. Thank you, sir. Anything 19 else? 20 COMMISSIONER BALDWIN: No, sir. 21 JUDGE TINLEY: Let's move to Item 13; to consider, 22 discuss, and take appropriate action to file written request 23 for inclusion within the emergency services district the City 24 of Kerrville's municipality limits and/or the extra- 25 territorial jurisdiction, and authorize presentation of the 6-11-12 54 1 request to the governing body of the City of Kerrville 2 pursuant to Chapter 775, Texas Health and Safety Code. This 3 is the next step that you were talking about. 4 COMMISSIONER BALDWIN: Yes, sir. This is step two, 5 to where the -- I'm assuming that the County Judge writes a 6 letter and signs it as a written request to the City of 7 Kerrville to include their incorporated limits, as well as 8 the ETJ, extraterritorial jurisdiction of City of Kerrville, 9 and I move for approval of that. 10 JUDGE TINLEY: I have a motion to -- for that 11 notification to be provided. Do I hear a second? 12 COMMISSIONER LETZ: Second. 13 JUDGE TINLEY: I have a motion and a second for the 14 notification as provided in the agenda item. Further 15 question or discussion? All in favor, signify by raising 16 your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: The motion does carry. We'll go to 21 Item 14; which is to consider, discuss, take appropriate 22 action to file written request for inclusion within the 23 emergency services district of the City of Ingram's 24 municipality limits and/or extraterritorial jurisdiction, and 25 authorize a presentation of this request to the governing 6-11-12 55 1 body of the City of Ingram pursuant to Chapter 775, Texas 2 Health and Safety Code. 3 COMMISSIONER OEHLER: Move approval. 4 COMMISSIONER LETZ: Second. 5 JUDGE TINLEY: Motion made and seconded. Question 6 or discussion? All in favor, signify by raising your right 7 hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: Motion does carry. 12 COMMISSIONER BALDWIN: Thank you. 13 COMMISSIONER OVERBY: Good job. 14 COMMISSIONER OEHLER: I didn't know if you wanted 15 to do that or whether you wanted me to, Buster, but I jumped 16 out there. 17 COMMISSIONER BALDWIN: Just get 'er done, that's 18 all. 19 JUDGE TINLEY: Give the citizens an opportunity to 20 voice their opinion on the issue. 21 COMMISSIONER BALDWIN: Absolutely. 22 JUDGE TINLEY: All right. Let's go to Section 4 of 23 the agenda. Item 4.1, payment of the bills. 24 COMMISSIONER LETZ: Move we pay the bills. 25 COMMISSIONER BALDWIN: Second. 6-11-12 56 1 JUDGE TINLEY: Motion made and seconded to pay the 2 bills. Question or discussion? 3 COMMISSIONER BALDWIN: I have some questions, 4 Judge, please. On Page 1, about three-quarters of the way 5 down, Court Compliance. Maxey Energy. I wasn't -- I just 6 wasn't aware that the Court Compliance uses -- uses the -- 7 COMMISSIONER OVERBY: Gasoline. 8 COMMISSIONER BALDWIN: -- fuel. 9 MS. GRINSTEAD: They went on that conference and 10 borrowed the Road and Bridge vehicle, but they borrowed the 11 Commissioners Court card to get gas. 12 COMMISSIONER OVERBY: Gas. 13 COMMISSIONER BALDWIN: That was a smart thing on 14 their part. 15 JUDGE TINLEY: Yes. 16 COMMISSIONER OEHLER: So we don't have to reimburse 17 mileage. 18 COMMISSIONER BALDWIN: That's right. 19 MS. HARGIS: Thank you. 20 COMMISSIONER BALDWIN: That's all I have in the 21 regular bills. 22 JUDGE TINLEY: Okay. Any other question or 23 comment? I believe we had a motion and a second. 24 THE CLERK: Yes, we do. 25 JUDGE TINLEY: All in favor of the motion, signify 6-11-12 57 1 by raising your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: The motion does carry. Budget 6 amendments. I think we have -- 7 COMMISSIONER OVERBY: One or two. 8 JUDGE TINLEY: -- two items on the budget amendment 9 requests. First one out of Constable, Precinct 1, 10 transferring funds to books, publications, and dues out of 11 operating equipment, and from the County Treasurer into 12 part-time salary from elected official's salary. Do I hear a 13 motion that the budget requests as indicated be approved as 14 presented? 15 COMMISSIONER BALDWIN: So moved. 16 COMMISSIONER OVERBY: Second. 17 JUDGE TINLEY: Motion made and seconded that the 18 indicated budget amendment requests be approved as presented. 19 Question or discussion? 20 COMMISSIONER BALDWIN: I have a question. The -- 21 by doing -- taking this action, the County Treasurer's salary 22 will not be affected for the -- for an annual look, right? 23 MS. HARGIS: You mean if someone goes down there? 24 No, we have plenty of money in there. 25 COMMISSIONER BALDWIN: What do you mean, "if" 6-11-12 58 1 someone goes down there? 2 MS. HARGIS: When someone goes down there. 3 COMMISSIONER BALDWIN: Okay. All right, thank you. 4 JUDGE TINLEY: Any other questions or comments? 5 All in favor of the motion, signify by raising your right 6 hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: That motion does carry. We have 11 several late bills, one dealing with surveying costs to 12 Voelkel Land Surveying, and several dealing with -- looks 13 like primarily with payment of lawyers. There's an 14 "Intercept" here; I'm not sure what that's about. 15 MS. HARGIS: Basically, these came from the 16 District Clerk's office. They were late, but I did want to 17 get them in, because there's -- there's sufficient enough -- 18 you know, these people need to be paid. 19 JUDGE TINLEY: Okay. 20 COMMISSIONER BALDWIN: Judge, I have questions on 21 the lawyers' -- 22 JUDGE TINLEY: Okay. 23 COMMISSIONER BALDWIN: -- bills. I guess my real 24 question is, why do we pay lawyers? But we'll get specific 25 here. There's a name I don't recognize again. George 6-11-12 59 1 Eastland. What is that? That is a lawyer, I'm assuming. 2 And is that person -- 3 COMMISSIONER OVERBY: Eastland? 4 MR. HENNEKE: Is that Britt? Dick and Tweety's 5 son. 6 COMMISSIONER BALDWIN: And is this part of the Camp 7 Mystic issue? 8 MS. LAVENDER: No. 9 COMMISSIONER BALDWIN: Oh, okay. Okay. I couldn't 10 -- I couldn't get my mind unwrapped from the Camp Mystic 11 thing. 12 MS. LAVENDER: It's criminal. 13 COMMISSIONER BALDWIN: Okay. I'm going to take her 14 word for it. And next one down I have is Intercept. What 15 might that be? 16 MS. HARGIS: I'm sorry, Mr. Baldwin, I don't know 17 the answer to that. 18 COMMISSIONER BALDWIN: Okay. How foolish of me to 19 ask. Page 2, the very top one up there, I don't know who 20 that is at all. Now, is that continued from -- 21 MS. HARGIS: Jesko and Steadman. 22 COMMISSIONER BALDWIN: -- the Jesko and Steadman 23 deal? So that's two separate -- 24 MS. HARGIS: Two separate. 25 COMMISSIONER BALDWIN: Two separate deals, okay. 6-11-12 60 1 MailFinance, Indiana, halfway down. 2 MS. HARGIS: That's not an attorney; that's the 3 District Clerk's postage. 4 COMMISSIONER BALDWIN: Okay. 5 JUDGE TINLEY: She has a separate service that she 6 uses for certified mail. She uses quite a bit of that, and 7 she's got a contract service that she uses. She claims it 8 saves her a fair amount of money. 9 COMMISSIONER BALDWIN: Yeah. 10 MS. HARGIS: Please keep in mind, those are not 11 just legal bills. These are the District Clerk's bills all 12 together. 13 COMMISSIONER BALDWIN: Yes, ma'am, and I do 14 understand that. 15 MS. HARGIS: Okay. The Intercept bill, I think, is 16 hers. 17 COMMISSIONER BALDWIN: And the MailFinance thing, 18 same. I was sure there was an answer behind that, and that's 19 not a lawyer, but I just didn't understand how that worked. 20 And then two on down, something -- somebody investment. It's 21 the second from the last. 22 MS. HARGIS: It's an investigator. 23 COMMISSIONER BALDWIN: That's an investigator; it's 24 not investment. Is that a person's name? Is that first 25 word -- is that a name? 6-11-12 61 1 MS. HARGIS: It's a name. It's the name of their 2 company. 3 COMMISSIONER BALDWIN: Okay. I guess they're from 4 Kerrville, aren't they? The next page, Page 3, the very last 5 one, what does that say? 6 MS. HARGIS: Very last one says Wetherbee, Charles. 7 That's a C.P.S. case. 8 COMMISSIONER BALDWIN: So that's Charles Wetherbee, 9 and he is an attorney? 10 JUDGE TINLEY: Lawyer. 11 COMMISSIONER BALDWIN: Oh, he's a lawyer. The last 12 one on Page 4, the Xerox Corporation, now, I've always 13 wondered, these being late bills, are there any late fees 14 involved in any of this? 15 MS. HARGIS: That's the reason why we brought them 16 to the Court, so we would avoid any late fess. 17 COMMISSIONER BALDWIN: So, I guess the answer to my 18 question is no. 19 MS. HARGIS: There would have been on Xerox. They 20 do charge us. 21 COMMISSIONER BALDWIN: Okay. 'Cause I remember we 22 had been through that before. 23 MS. HARGIS: Mm-hmm. 24 COMMISSIONER BALDWIN: And that's what created 25 this. Thank you. That's all. 6-11-12 62 1 JUDGE TINLEY: Any other questions on the late 2 bills? Do I hear a motion that the late bills as presented 3 be approved? 4 COMMISSIONER OEHLER: So moved. 5 COMMISSIONER LETZ: Second. 6 JUDGE TINLEY: We have a motion and a second to 7 approve the late bills. Question or discussion? All in 8 favor, signify by raising your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: The motion does carry. I have been 13 presented with monthly reports from Kerr County payroll; 14 Constable, Precinct 1; County Clerk; Constable, Precinct 4; 15 Environmental Health; District Clerk; Justice of the Peace, 16 Precinct 3; and Constable, Precinct 3, for April and May of 17 2012. Do I hear a motion that the indicated reports be 18 approved as presented? 19 COMMISSIONER OVERBY: Motion to approve. 20 COMMISSIONER BALDWIN: Second. 21 JUDGE TINLEY: Motion made and seconded that the 22 indicated reports be approved as presented. Question or 23 discussion? All in favor, signify by raising your right 24 hand. 25 (The motion carried by unanimous vote.) 6-11-12 63 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: The motion does carry. Reports from 4 Commissioners in connection with their liaison or committee 5 assignments. Commissioner Oehler? 6 COMMISSIONER OEHLER: Well, I think I already 7 talked about the rheas and the equines already, and a few 8 other animals that they've been having to deal with. But I 9 think Ray's working on a few issues with a certain designer 10 in my area and other areas, he's trying to resolve. But -- 11 and, of course, the Ag Barn is now progressing finally after 12 months and months of preparation. That's it. 13 JUDGE TINLEY: Commissioner Baldwin? 14 COMMISSIONER BALDWIN: No, sir, thank you. It's 15 been quite. Much too quiet. 16 JUDGE TINLEY: I see. Does that mean that you're 17 going to find something to create some attention to? 18 COMMISSIONER BALDWIN: Yes, sir. 19 JUDGE TINLEY: Okay. Commissioner Overby? 20 COMMISSIONER BALDWIN: It's coming. 21 COMMISSIONER OVERBY: Nothing at this time. 22 JUDGE TINLEY: Commissioner Letz? 23 COMMISSIONER LETZ: Just one thing. On the 21st of 24 this month, Texas Water Development Board will finally look 25 at our application -- 6-11-12 64 1 COMMISSIONER OVERBY: Next Thursday. 2 COMMISSIONER LETZ: -- for the state Clean Water 3 Revolving Fund. And Commissioner Overby and I are planning 4 on attending, and I believe the Auditor -- 5 MS. HARGIS: And engineer. 6 COMMISSIONER LETZ: And who? 7 MS. HARGIS: The engineer. 8 COMMISSIONER LETZ: Oh, Keller. Yeah, and Keller 9 with Tetra Tech is planning on attending. It's been a while 10 getting there, a lot of hoops. I want to thank a lot of our 11 financial advisers and Keller. We had to jump through lots 12 and lots of hoops to try to get us to this point, but I think 13 we're there. 14 JUDGE TINLEY: Is that it? 15 COMMISSIONER LETZ: That's it. 16 COMMISSIONER OEHLER: I got one more thing. Next 17 meeting, we need to have on the agenda to make payment of our 18 agreed amount with TexDOT on the Cade Loop project. That has 19 now -- we have received those funds that we agreed to pay. 20 I'll need to put that on the next agenda for approval so we 21 can get the funds to TexDOT. That project will be let in 22 August, and projected start time is October. 23 COMMISSIONER LETZ: Have they sent us a bill for 24 it? 25 COMMISSIONER OEHLER: I'm working on that, 6-11-12 65 1 because -- 2 COMMISSIONER LETZ: Don't -- we're slow. 3 COMMISSIONER OEHLER: -- we're not going to send 4 them a check without some -- 5 COMMISSIONER OVERBY: Statement. 6 JUDGE TINLEY: Some request. 7 COMMISSIONER OEHLER: Some request and some 8 documentation. 9 COMMISSIONER LETZ: I think we should wait till 10 after the project's complete, and see if they -- 11 COMMISSIONER OEHLER: That would be fine with me if 12 you think we can get by with it. 13 COMMISSIONER LETZ: And, you know, the other 14 thing -- and this is just because of working a lot with 15 TexDOT at the airport. Are we obligated for 350,000? What 16 if the project comes in under -- the bid comes in under 17 estimate? You might ask TexDOT if we get a proportionate 18 reduction. 19 COMMISSIONER OEHLER: I'll be glad to ask the 20 question. 21 COMMISSIONER OVERBY: That's true. 22 COMMISSIONER LETZ: 'Cause it could -- 23 COMMISSIONER OEHLER: They think it's going to come 24 in -- they've made it a lot wider. 25 COMMISSIONER LETZ: If it comes in over, we're not 6-11-12 66 1 paying a penny over, but if it comes in under... 2 COMMISSIONER OVERBY: Just one way. 3 COMMISSIONER OEHLER: That's right. And the bridge 4 is supposed to -- it was going to be 24 feet wide, but it's 5 going to be 28 feet wide now because of having a 6 pedestrian-type bicycle lane on it, and so I doubt very 7 seriously we'll get any money back, but I'll be glad to ask. 8 COMMISSIONER LETZ: We prefer to fund it after the 9 project. 10 COMMISSIONER OEHLER: Yeah, we would prefer. But, 11 you know, I don't think that's what we agreed to. 12 JUDGE TINLEY: Yeah, as I recall, there was a -- a 13 letter that we approved which indicated they were going to 14 make the call for the money in either May or June of this 15 year, and we needed to be in a position to pony up at that 16 time. 17 COMMISSIONER LETZ: We're in a position. We just 18 -- you know, we don't need to jump the gun. 19 COMMISSIONER OEHLER: We are not going to queer the 20 project. These people have been waiting a long time for that 21 bridge. 22 COMMISSIONER LETZ: We'll do it. 23 JUDGE TINLEY: Okay. Reports from elected 24 officials or department heads. You have anything? 25 MR. BOLLIER: Yes, sir. I just -- I noticed that 6-11-12 67 1 Leonard's already gone. I just wanted to say thank you to 2 Road and Bridge for coming a couple weeks ago and helping the 3 Maintenance Department take down those big trees. That was a 4 successful thing; we didn't tear up anything, and I just 5 wanted to say thank to you them. 6 JUDGE TINLEY: All the water lines and electric 7 lines that have been underground are still intact? 8 MR. BOLLIER: Well, till we started -- Lonnie tore 9 up some water sprinkler line, but that's not a big deal, when 10 we were taking that dirt away. We'll fix those when we get 11 that stump out of that ground out there, 'cause I don't think 12 I want to try to dig them up right now. So -- 13 JUDGE TINLEY: Okay. 14 MS. PIEPER: Everything's going good. 15 JUDGE TINLEY: Ray? 16 MR. GARCIA: Yes. The State has asked us -- Kerr 17 County Environmental Health to host one of their annual class 18 conferences here. In lieu of our last audit for enforcement 19 and compliance we had from the State, they asked us if we 20 would host and showcase our program for this class. So, it's 21 kind of -- kind of a big deal. You know, they chose us 22 because we're one of the few counties that have had zero hits 23 on our audits from T.C.E.Q. on the O.S.S.F. program. So, 24 we'll host. We don't have to pay anything; all -- we're just 25 going to probably host it back at U.G.R.A. again. 6-11-12 68 1 COMMISSIONER OVERBY: That's similar to the one -- 2 you had those workshops earlier this year? 3 MR. GARCIA: Little different. Little different 4 setting. I talked about just basically how to run your 5 program. So -- 6 COMMISSIONER OVERBY: That's good. 7 JUDGE TINLEY: Essentially, the State, T.C.E.Q. has 8 selected Kerr County Environmental Health Department as the 9 poster child for the operation of a model department, and 10 we're going to have a workshop for folks around the state to 11 come in -- 12 MR. GARCIA: The state. 13 JUDGE TINLEY: -- and see the various components of 14 that. 15 MR. GARCIA: Mm-hmm. And this is a lot of tribute 16 to Tish and Julie having a pretty good grip on the way they 17 run that program for me. 18 COMMISSIONER OEHLER: This will be the third year? 19 MR. GARCIA: This is the third, yes. 20 COMMISSIONER OVERBY: That's good. 21 JUDGE TINLEY: That's a big feather in your cap. 22 MR. GARCIA: Right. Well -- 23 JUDGE TINLEY: And your people. 24 MR. GARCIA: And like I pointed out, I give the 25 credit where it is due, for Julie and Tish, because they've 6-11-12 69 1 done one hell of a job down there since taking it over. 2 JUDGE TINLEY: Ms. Lantz? 3 MS. LANTZ: This week we have TAC here, Texas 4 Association of Counties, and we are doing the driver 5 simulator. It's over at Road and Bridge. I've provided 6 everybody a press release on the Court, and we have 52 county 7 employees who are participating. And this should help with 8 our vehicle insurance here as well, and the employees will 9 also get, if they provide the certificate to their own 10 insurance, a 20 percent discount on their vehicle insurance. 11 So, it's taken over two years -- 12 COMMISSIONER OVERBY: That's huge. 13 MS. LANTZ: It's taken over two years to get them 14 into the county, and Kelly has been working with Don 15 Courtney. So, now that we're on the list, and I believe the 16 Sheriff's Office has gone through that prior -- what, three 17 years ago? 18 SHERIFF HIERHOLZER: Yeah, we had them -- it's been 19 a number of years ago. We brought them up and had it out at 20 the Sheriff's Office and hooked up that -- 21 JUDGE TINLEY: How come y'all are still racking up 22 those vehicles, then? 23 SHERIFF HIERHOLZER: Them four-legged creatures I 24 can't control, Judge. 25 MS. LANTZ: So, basically, all the employees who do 6-11-12 70 1 drive the county vehicles, we're going to have them 2 participate in the simulator class and driving the simulator. 3 JUDGE TINLEY: Now, this 20 percent that you're 4 talking about, that's an indication that most carriers will 5 allow that kind of reduction based upon participation in this 6 program? 7 MS. LANTZ: I spoke with Don Courtney this morning. 8 He said most of them will after doing this, because you do 9 have to do the classroom. There's a three-hour classroom 10 before you can even get in the simulator, so -- and you have 11 to pass the classroom in order to do the simulator part. 12 So -- and it's actually driving -- he said one of the 13 simulators is dump trucks and larger equipment, but then 14 another one has law enforcement and just regular vehicles. 15 So, depending on which area you drive the most is what they 16 pair you up to. 17 MR. BOLLIER: Are you enrolled to do it? 18 MS. LANTZ: (Nodded.) And -- 19 JUDGE TINLEY: I'm sorry. 20 MS. LANTZ: No, I just wanted to say we're trying 21 to keep this to come back in two years again, so that way all 22 the county employees will have the opportunity to participate 23 in this as a good type training. 24 JUDGE TINLEY: Okay. 25 MS. BURLEW: We don't have anything at this time. 6-11-12 71 1 MS. LAVENDER: I would just say we're nearing the 2 end of the year with our indigent programs, and we've kept 3 our indigent health program pretty much under control since 4 Dawn left us. And our indigent defense program, we've had a 5 lot of high-profile cases this year. And I haven't checked 6 with Jeannie to know how we're doing, but I would say to you 7 that we are doing some very good screening with our indigent 8 defense applications, and we are finding people that are able 9 to hire their own attorney, and we're keeping them off the 10 program. And so, between Mary Lou and I working on that, I 11 think we are seeing some cost savings because of the number 12 of cases. We're getting, oh, anywhere from 10 to 15 13 applications a week on indigent defense right now. 14 COMMISSIONER OEHLER: You're not going to tell us 15 what your jail population is? 16 SHERIFF HIERHOLZER: It's averaging again about -- 17 anywhere from 118 to 120, just gradually going back up. 18 MR. HENNEKE: Two things from me. One, I visited 19 with Allied Waste since last Commissioners Court meeting, and 20 they are donating a number of recycle bins. They're going to 21 give us some. And I've contacted all the departments; I 22 think most are participating. But as soon as I get those 23 recycle bins, I'll have them distributed out. That's very -- 24 very nice of Allied Waste to do. The other update is, I have 25 an unpaid law clerk that's working in the County Attorney's 6-11-12 72 1 office that's going to be helping with state hospital, J.P. 2 court, and some of our County Court at Law criminal docket, 3 but that's nice to have. 4 COMMISSIONER LETZ: Judge, I have one item I need 5 to bring up as well, if I could. This won't take long. 6 JUDGE TINLEY: Are you suffering from one of these 7 some-timer's disease? 8 COMMISSIONER LETZ: Some-timer's. 9 JUDGE TINLEY: Okay. 10 COMMISSIONER LETZ: Well, after I looked at my 11 calendar -- at the beginning of court, I mentioned the Aqua 12 Texas, and that date is the 27th. And it dawned on me that 13 if we go forward with it, any guidance as to how big -- where 14 we should do it? 15 MR. HENNEKE: How many people? 16 COMMISSIONER LETZ: That's my -- I have no idea. 17 COMMISSIONER OVERBY: You'll have a huge group. 18 COMMISSIONER OEHLER: You can always ask for the 19 Cailloux. 20 COMMISSIONER OVERBY: I would. 21 COMMISSIONER LETZ: Cailloux? 22 COMMISSIONER OVERBY: Oh, yeah. 23 COMMISSIONER LETZ: And my personal feeling right 24 now is, because this is dragging on, -- that's only two weeks 25 away -- to cancel that date and move it -- if we even do it, 6-11-12 73 1 do it mid-July. I don't -- 'cause, I mean, I don't want to 2 -- I want to have time to publish it. 3 JUDGE TINLEY: Mm-hmm. 4 COMMISSIONER LETZ: Let people know about it. And 5 Aqua Texas is -- based on their e-mail I got Friday, is that 6 it's been -- the e-mail that I sent to them saying that we 7 were -- it was not acceptable, what they were proposing, was 8 to hear back from their president. 9 COMMISSIONER OVERBY: That 27th will be two weeks 10 from Wednesday. And if you move it back, like, July 11th or 11 something like that, early July, that would be on Wednesday 12 as well. 13 COMMISSIONER LETZ: Okay. 14 COMMISSIONER BALDWIN: If they -- if they did what 15 they told us they were going to do in that meeting, and that 16 Aqua Texas would be the front of the meeting, and the general 17 public would have an opportunity to come in face-to-face and 18 ask questions and get answers, then I -- I'm sure that 19 Commissioner Letz would jump backwards trying to get this 20 thing done and get it set up. But they've just -- since the 21 meeting -- and the agreement -- and I remember it exactly the 22 way he does. They passed it off to a state agency to take 23 the heat and to explain something that we really don't give a 24 crap about. We want to know why they're raising our water 25 rates; it's just that simple. And they're trying to back out 6-11-12 74 1 of answering that question. And I can see why he's hesitant 2 and a little angry about it. 3 JUDGE TINLEY: There was a -- a lady there from 4 Kerrville South CAG that was taking very, very detailed notes 5 of that meeting. 6 COMMISSIONER BALDWIN: They disagreed with those 7 notes. 8 JUDGE TINLEY: They disagreed with them? 9 COMMISSIONER BALDWIN: Yeah, uh-huh. 10 JUDGE TINLEY: Because they didn't like them, or 11 because they said they weren't an accurate representation of 12 what was said? 13 COMMISSIONER BALDWIN: They were not accurate. 14 COMMISSIONER LETZ: They said it was not their 15 recollection of the meeting; they didn't agree to do 16 anything. 17 COMMISSIONER BALDWIN: The rest of us remembered 18 with the notes. 19 JUDGE TINLEY: You know, I was there for the latter 20 portion of that meeting, and there was mention, yeah, they're 21 willing to come up and stand in front of the public here in 22 Kerr County and respond to questions, or -- and explain their 23 position. And I -- I remember it exactly as you gentlemen 24 do. 25 COMMISSIONER OEHLER: Sounds like they want to 6-11-12 75 1 stand behind T.C.E.Q. 2 COMMISSIONER LETZ: Well, even just as detailed as 3 I remember the conversation, was Richard Laughlin, the 4 president, said that he had another similar meeting scheduled 5 that same week. 6 COMMISSIONER BALDWIN: Yeah. 7 COMMISSIONER LETZ: And he was willing to do it; he 8 said get them both knocked out at once. So, anyway, I'll 9 probably -- if I don't -- I'll probably be proactive and tell 10 Aqua Texas we need to reschedule it due to their changing, 11 and try to get a new date in July. 'Cause, I mean, two weeks 12 is not enough time to get it published. 13 COMMISSIONER OVERBY: And you're going to need a 14 larger facility. I think the Cailloux is probably -- you 15 need to be there to do that. 16 COMMISSIONER LETZ: Okay. 17 MR. HENNEKE: You can put a lot of people in the 18 Exhibit Hall, too. 19 COMMISSIONER LETZ: Okay. Exhibit Hall can be a 20 good place. 21 MR. HENNEKE: That's where they had the town 22 meetings on the L.C.R.A. several years ago. 23 COMMISSIONER OVERBY: Big crowd. 24 JUDGE TINLEY: Okay. Anything else? Anything else 25 to come before the Court at this time? 6-11-12 76 1 COMMISSIONER OEHLER: Are we going to schedule a 2 meeting based on something -- the results of the election, 3 or -- or whether we're going to appoint a Treasurer that's 4 been -- to the position, or what do you think we need to do 5 on that? We need to put that on the next agenda? 6 JUDGE TINLEY: Yeah, it can go on the next agenda 7 for consideration. Anything else? We're adjourned. 8 (Commissioners Court was adjourned at 10:29 a.m.) 9 - - - - - - - - - - 10 11 12 STATE OF TEXAS | 13 COUNTY OF KERR | 14 The above and foregoing is a true and complete 15 transcription of my stenotype notes taken in my capacity as 16 official reporter for the Commissioners Court of Kerr County, 17 Texas, at the time and place heretofore set forth. 18 DATED at Kerrville, Texas, this 13th day of June, 2012. 19 20 JANNETT PIEPER, Kerr County Clerk 21 BY: _________________________________ Kathy Banik, Deputy County Clerk 22 Certified Shorthand Reporter 23 24 25 6-11-12