1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, June 25, 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 25, 2012 2 PAGE 3 --- Commissioners' Comments 6 4 1.1 Consider/discuss, take appropriate action regarding revisions on current County Personnel 5 policies regarding business travel expenses to reflect increase in per diem rate 15 6 1.2 Consider/discuss, take appropriate action to 7 accept preliminary revision of plat for Cave Springs Addition; Section Five, Phase One, Lots 8 9, 10, and 11 of Block C; set public hearing 16 9 1.3 Consider/discuss, take appropriate action for Court approval to go out for bids on two 10 supervisors' trucks with utility beds and one Road Administrator truck 18 11 1.4 Consider/discuss, take appropriate action to 12 request unclaimed capital credits received from Electric Cooperative from Texas Comptroller of 13 Public Accounts; authorize County Judge to prepare letter of request 20 14 1.5 Consider/discuss, take appropriate action to 15 appoint Tracy Soldan as County Treasurer to fill existing vacancy in office of Kerr County 16 Treasurer 21 17 1.6 Consider/discuss, take appropriate action on payment to TxDOT for Cade Loop Bridge project 22 18 1.8 Consider/discus, take appropriate action to set 19 public hearing on August 13, 2012 at 9 a.m. to consider petition for creation of proposed 20 Kerr County Emergency Services District No. 3 23 21 1.10 Update on TWDB – CWSRF fund through TWDB wastewater project in east Kerr County, and 22 other wastewater project updates 27 23 1.13 Discuss and approve group two homeowners for OSSF assistance as part of County's 710065 24 OSSF grant 32 25 3 1 I N D E X (Continued) June 25, 2012 2 PAGE 3 1.9 Presentation by chairman of KEDC of recommendation with respect to economic 4 development incentives to Privilege Creek Estates/Lane Valley Road project 36 5 1.14 Consider/discuss, take appropriate action to 6 enter into agreement with Kerrville Area Chamber of Commerce to lease Hill Country Youth Exhibit 7 Center premises for KerrFest event 46 8 1.7 Order authorizing issuance, sale & delivery of $570,000 in aggregate principal amount of "Kerr 9 County, Texas Certificates of Obligation, Series 2012A" to be purchased by Texas Water Development 10 Board; securing payment thereof by authorizing levy of annual ad valorem tax and a pledge of 11 certain surplus revenues of county's parks system; approving/authorizing execution of a paying agent/ 12 registrar agreement, escrow agreement, & all other instruments and procedures related thereto 53 13 1.11 Consider/discuss, take appropriate action to 14 approve lease agreement with Ricoh for copier for Kerr County Juvenile Detention Facility; 15 allow County Judge to sign same 57 16 1.12 Consider/discuss, take appropriate action to approve transfer of 2000 Dodge 15-passenger van 17 from Juvenile Detention Facility to Juvenile Probation Department 58 18 1.16 Consider/discuss, take appropriate action to 19 contract with Rock Engineering for additional soil testing and on-site observation, documen- 20 tation and approval of pier holes and other specifications and requirements of the project 21 architect for show barn project at Hill Country Youth Exhibit Center; allow County Judge to sign 22 same 60 23 4.1 Pay Bills 63 4.2 Budget Amendments 63 24 4.3 Late Bills 64 4.4 Approve and Accept Monthly Reports 66 25 4 1 I N D E X (Continued) June 25, 2012 2 PAGE 5.1 Reports from Commissioners/Liaison Committee 3 Assignments 66 5.2 Reports from Elected Officials/Department Heads 67 4 1.17 Consider/discuss, take appropriate action on 5 new lease for office space on Ingram Annex (Executive Session as needed) -- 6 1.18 Consider/discuss, take appropriate action 7 regarding pending litigation styled, "Kerr County, Texas, a political subdivision of the 8 State of Texas v. The Estate of L. De Juan Abel, Individually, Corey Steven Abel, Executor, and 9 d/b/a Trustee for Hexagon Honeycomb Corporation, and d/b/a Trustee for Castlecomb Trust"; Cause No. 10 07-456A; 216th District Court; Kerr County, Texas (Executive Session) -- 11 1.19 Consider/discuss, take appropriate action 12 regarding leases for use of Hill Country Youth Exhibit Center for weekend of September 22, 2012 13 (Executive Session) -- 14 3.1 Action as may be required on matters discussed in Executive Session 69 15 1.15 Presentation of certificates to members of 16 Troop 60 Boy Scouts for their work on Kerr County Historical Commissions Marker Restoration 17 project 71 18 --- Adjourned 72 19 20 21 22 23 24 25 5 1 On Monday, June 25, 2012, at 9:00 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regularly scheduled meeting of the 9 Kerr County Commissioners Court posted and scheduled for this 10 date and time, Monday, June 25, 2012, at 9 a.m. It is that 11 time now. If you would please stand and join me in a brief 12 moment of prayer, followed by the pledge of allegiance to the 13 flag of our country. 14 (Prayer and pledge of allegiance.) 15 JUDGE TINLEY: Thank you. Please be seated. At 16 this time, if there's any member of the public or audience 17 that wishes to be heard on a matter which is not a listed 18 agenda item, this is your opportunity to come forward and 19 tell us what's on your mind. If you wish to be heard on an 20 agenda item, we'd prefer that you fill out a participation 21 form. There should be some located at the rear of the room. 22 If -- if, however, we get to an agenda item that you wish to 23 be heard on, and you haven't filled out a participation form, 24 that's okay too. Get my attention in some manner, and I'll 25 give you that opportunity to be heard. But right now, if 6-25-12 6 1 there's any member of the public that wishes to be heard on 2 any matter which is not a listed agenda item, this is your 3 opportunity. Please come forward and tell us what's on your 4 mind. Seeing no one coming forward, we will move on. 5 Commissioner Baldwin, do you have anything for us this 6 morning? 7 COMMISSIONER BALDWIN: Judge, I don't. I 8 understand that we've lost a couple of giants in our 9 community, and I'm sure someone else is going to talk about 10 it, so I'll just pass. Thank you. 11 JUDGE TINLEY: Commissioner Overby? 12 COMMISSIONER OVERBY: Yes. Judge Tinley, as 13 Commissioner Baldwin said, we lost a great Kerr County leader 14 and a former commissioner of this court several years ago; 15 George Holekamp passed away yesterday. I did go over to 16 Grimes this morning. The services are pending. They're 17 going to be setting the service here later this morning; 18 they'll have a time set for that. But let's keep the 19 Holekamp family in your -- in your thoughts, and our 20 condolences go to their family. Great guy for Kerr County. 21 Of course, the Holekamp family has been so entrenched in our 22 history for so many years -- generations, and our prayers go 23 with them. 24 Judge, on -- on some other lighter news, good news, 25 that last week Commissioner Number 1 over here, Baldwin, and 6-25-12 7 1 myself, we attended the 78th South Texas Commissioners/Judges 2 conference down in San Antonio area last week. A great 3 opportunity to get together to hear some reports on -- on 4 some of our state legislation in 2013, 2014 as it comes 5 around. Some of the projections about the challenges that 6 we're going to face budget-wise coming up is going to be 7 challenging, to say the least, as we heard some of those 8 reports that are going to be coming. I'm going to also 9 mention at the same time, and you -- you've heard this 10 Court -- and I'm very pleased that this Court has been very 11 much instrumental in leading in trying to help incentivize 12 business development here. But the Eagle Ford development, 13 again, what I'm hearing from the Eagle Ford development, some 14 of those numbers, the Eagle Ford development, which is our 15 oil and gas play in South Texas, 26 percent in 2020, 26 16 percent of our total energy supply and needs will be coming 17 from the Eagle Ford development. And why is that important 18 to us here in Kerr County? If you look at places like Fox 19 Tank Company and trying to expand those businesses and other 20 suppliers, it's essential that we get more and more involved 21 in the Eagle Ford play. And I just wanted to tell you that, 22 those numbers, and the projections are huge. And for this 23 county to -- to look at investing money in suppliers, helping 24 those companies to grow should be a high priority. And so 25 that, again, is just being -- continuing to be entrenched in 6-25-12 8 1 our minds. So, good conference. Commissioner Number 1 over 2 here, Baldwin, was past president down there many years ago. 3 COMMISSIONER BALDWIN: Mm-hmm. 4 COMMISSIONER OVERBY: And had a good visit down 5 there. Very -- very productive meeting, and that's all I got 6 to say this morning. 7 JUDGE TINLEY: Thank you. 8 COMMISSIONER OVERBY: Thank you. 9 JUDGE TINLEY: Commissioner Letz? 10 COMMISSIONER LETZ: I want to -- we have a couple 11 of agenda items about this, but I'm sure most of the Court's 12 aware that we were approved by Water Development Board for 13 the grant application that we had. Mr. Overby and myself, 14 the Auditor -- and did some of our -- I guess Dusty was 15 there, right? Dusty Traylor was there, and also Keller from 16 Tetra Tech. It went through without a glitch. Talked to a 17 couple of the board members ahead of time, and they were very 18 fine with the project, thought it was a good -- they really 19 didn't have any questions, but it went through, which is a -- 20 kind of a really major deal for the county, because this is 21 kind of a -- no turning back, I think, from a funding 22 standpoint. We can always pull the plug on the project, of 23 course, but it looks like once the -- the State has put this 24 much money into this planning and construction phase, it 25 looks like this is a done deal. And, in fact, when we 6-25-12 9 1 were -- one of the other agenda items was interesting. They 2 have basically already allocated the rest of this project 3 funding, along with other projects. They were talking about 4 the next biennium, next two funding cycles with the 5 Legislature. And, of course, subject to the Legislature 6 appropriations, the money has already been asked for for this 7 project and other projects that are in the pipeline. So, 8 that's a good thing, and it'll be -- be a big help to Center 9 Point and far eastern Kerr County. 10 The other thing, I mentioned a while back about a 11 group -- U.G.R.A., Guadalupe-Blanco River Authority, 12 Headwaters, Cow Creek, Kerr County, Kendall County, Kendall 13 County Water Improvement District -- that all had a meeting 14 several months ago now that has now become -- the result of 15 that is an M.O.U. that I received a draft of, and I'll put it 16 on our agenda at our next meeting. I'm going to need to talk 17 to the County Attorney, but it's basically just a commitment 18 for all of these governmental entities to work together. 19 There's no funding. Anyone can back out at any time. But 20 there is a planning fund available at the Water Development 21 Board that I presume either G.B.R.A. or U.G.R.A. will kind of 22 take the lead on. It will use some of us to go ask for 23 funding for a regional water planning study for western 24 Kendall County and eastern Kerr County. So, that's moving 25 forward. Little League, we were talking a little bit about 6-25-12 10 1 that last week. I think the County Attorney and and I have a 2 meeting, I believe, set up this week with representatives 3 from that association to get that moving forward. I think 4 that's about it. 5 JUDGE TINLEY: Commissioner Oehler? 6 COMMISSIONER OEHLER: Well, last week I had the 7 opportunity to address Rotary about our show barn and our 8 exhibit hall project, and Steve Bauer, myself, and his 9 daughter Leah, and Ethan Muehlstein gave the presentation at 10 Rotary, and Steve had put together a small Power Point show, 11 and we had a -- we had a lot of fun doing that. And it 12 was -- I have, you know, had compliments. Of course, most of 13 them were kids, which is where it should be, not on the 14 adults, but they put on a really nice talk to that group, and 15 that was -- that was a lot of fun, and well received, and had 16 a lot of people come up and say they want to help support the 17 project. 18 It came to my attention last week, there's been -- 19 there have been some changes in the law regarding fireworks, 20 and the ban on sticks and fins thing, and we'll be getting 21 into that a little more. That's -- I just wanted to make the 22 Court aware that there have been some changes. And I had the 23 County Attorney research that and what we have the right to 24 do and what we don't have the right to do, and that will be 25 coming out. I would say it needs to be an agenda item so 6-25-12 11 1 that we can make the public aware of what our authority is 2 since the law somewhat changed. Had a pre-bid meeting last 3 week at -- out at the Exhibition Center; had a good response. 4 Six contractors -- general contractors were in attendance, 5 along with some other -- you know, they would be kind of subs 6 for the general about various things, and had a -- had a good 7 visit with that, and a few things were pointed out. One of 8 them is on the agenda today. 9 On a really -- really positive note, Divide had 10 their fundraiser a week ago last Friday, and I think you saw 11 in the paper that they raised a gross of $60,000 in that 12 fundraiser. Probably netted, I'm going to say, around 13 53,000, 54,000 after expenses. That was unbelievable for a 14 volunteer fire department to be able to raise that kind of 15 funds. It doesn't happen anywhere else in the county. I 16 don't know what they do different, but they do something 17 right out there, and they have a -- I guess a different group 18 to draw funds from, but that was truly amazing. It was 19 standing room only out there. We flipped a few steaks to 20 kind of help them out. That was fun. And, anyway, that's 21 it. 22 JUDGE TINLEY: That's a phenomenal -- phenomenal 23 result of that event. That's super. 24 COMMISSIONER OEHLER: Four-hour event. 25 JUDGE TINLEY: Yeah. The -- the east Kerr, Center 6-25-12 12 1 Point wastewater project, folks I'm not sure realize how -- 2 how important that project is to the future development of 3 east Kerr County. That is the key. That wastewater project 4 is the key to the development of east Kerr. As Commissioner 5 Overby said, that -- of course, that -- that will allow some 6 high-density housing down there if you've got wastewater 7 service. It'll allow for housing for more labor force here, 8 and hopefully we can utilize more labor force in connection 9 with some of this second-tier -- first-tier, second-tier 10 Eagle Ford shale operation. They're lacking labor force; 11 they're lacking infrastructure down in the South Texas area 12 where the actual Eagle Ford operations are going on. So, 13 some of those operators are -- the ones that can are moving 14 away from the area so that they have the benefit of the 15 accommodations, the infrastructure, and also the labor force. 16 And the Fox Tank operation, of course, is our first one. 17 And I'm not sure folks really understand the 18 importance of what that's going to bring, but it is so 19 essential that we have economic development in this county in 20 order to more equitably distribute that tax base that we hear 21 so much about, that our homeowners are saying they're bearing 22 too much of a burden. I agree. I agree, but the only way 23 you overcome that is -- well, there are two ways you can do 24 it. One is eliminate services; therefore, you eliminate 25 costs. But the other is to gain -- gain a heavier tax base 6-25-12 13 1 with your commercial and industrial business development, and 2 so that's essential to -- to our future here in the county. 3 If you don't grow, you die, and it's that simple. So, I'm 4 glad to hear that the Eagle Ford -- the other thing I heard 5 about the Eagle Ford, initially they were talking about a 6 10-year solid run down there. The -- the projections I'm 7 hearing now are a minimum of 20. 8 COMMISSIONER OVERBY: That's correct. 9 JUDGE TINLEY: That it's really going to be 10 developing very, very extensively for a period of 20-plus 11 years. So, that is also very, very positive. 12 COMMISSIONER LETZ: Judge, if I can, I had one 13 thing on the wastewater project. We don't talk about this as 14 much, but it's probably equally important, is that what we're 15 doing, especially in the Center Point area, there's a huge 16 septic problem. 17 JUDGE TINLEY: Mm-hmm. 18 COMMISSIONER LETZ: And that septic problem goes 19 right into the Guadalupe River pollution problem, 20 environmental problem. And one of the reasons, I mean, that 21 the State is so high on this project is that it gets a huge 22 area off of septic that's right on the river. Very, very 23 small lots. Some of the lots in Center Point are -- 24 COMMISSIONER OVERBY: Tiny. 25 COMMISSIONER LETZ: They're less than an eighth of 6-25-12 14 1 an acre, and they all have septics right now. And there's 2 others near Comfort in the same situation, especially in the 3 Westwood area, which is part of the project. And getting 4 these, you know, small lots onto a central sewer system will 5 really help the water quality in the whole Guadalupe Basin, 6 and that's another reason. We don't talk about that side as 7 much, but that's really, certainly, as important as the 8 development possibilities. 9 JUDGE TINLEY: Well, of course, one of the 10 components of that east Kerr project is the collection system 11 there in Center Point. And, unfortunately, for a number of 12 the folks there in Center Point, they're literally locked 13 into their properties, because if they sell or do anything 14 major, they will -- they will be required to come into 15 compliance. They either don't have the room to come into 16 compliance, or the cost to come into compliance is such that 17 it's prohibitive to them. And putting in a collection 18 system, that actually gives them opportunities for their 19 property so that they can move forward with something 20 productive there. But it is an extremely important project. 21 It's probably as important as anything else going on for the 22 economic health of this county, and it's going to take a 23 while. It's a long-term thing, a lot of money involved, a 24 lot of moving parts. But each step that we move forward, and 25 the further along the trail we get, and the more likely we 6-25-12 15 1 are to get that thing committed, I think now that they've 2 committed the planning and engineering and those funds, it 3 just further commits the State to moving that project 4 forward. And, of course, that's exactly what we want, 5 because it is very important. 6 COMMISSIONER OVERBY: That's correct. 7 COMMISSIONER BALDWIN: Judge, I saw an article 8 somewhere over the weekend where Ray made a comment about 9 cesspools. Now, is that -- does that draw a pretty picture 10 in your mind? 11 JUDGE TINLEY: There are still some in this county. 12 COMMISSIONER BALDWIN: That's what he was talking 13 about, down in that area that we're trying to clean up. 14 Whew. 15 COMMISSIONER OVERBY: Good. 16 JUDGE TINLEY: Okay. Let's move on with our agenda 17 today. The first item is a 9 o'clock timed item; to 18 consider, discuss, and take appropriate action regarding 19 revisions on the current county personnel policies regarding 20 Policy Number 6.14, Business Travel Expenses, to reflect 21 changes for increase in per diem rate from $36 to $46 per 22 Court Order Number 32633 dated April 23, 2012. Ms. Lantz? 23 MS. LANTZ: Good morning, Judge, Commissioners. 24 This is just changing our policy to reflect that change that 25 was made back in April. There's -- that was already 6-25-12 16 1 approved. That's why I'm bringing it up to the Court. 2 JUDGE TINLEY: And that -- that change that we made 3 tracks the state -- 4 MS. LANTZ: Yes, sir. 5 JUDGE TINLEY: -- per diem allowance also, does it 6 not? 7 MS. LANTZ: Yes. 8 JUDGE TINLEY: Okay. 9 COMMISSIONER BALDWIN: And we need a court order 10 to -- 11 COMMISSIONER OVERBY: Approve it. 12 JUDGE TINLEY: Approve the policy change. 13 COMMISSIONER BALDWIN: -- move it into your policy 14 change. So moved. 15 COMMISSIONER OVERBY: Second. 16 JUDGE TINLEY: Motion made and seconded for 17 approval of the agenda item. Question or discussion? All in 18 favor, 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: The motion does carry. The next 23 9 o'clock item is to consider, discuss, take appropriate 24 action to accept the preliminary revision of plat for Cave 25 Springs Addition, Section Five, Phase One, Lots 9, 10, and 11 6-25-12 17 1 of Block C, as set forth in Volume 164 and Volume 5, Page 19, 2 Plat Records, set a public hearing, the same being located in 3 Precinct 4. Commissioner -- Mr. Odom? 4 MR. ODOM: Don't give me a raise yet. (Laughter.) 5 JUDGE TINLEY: I was going to give you a demotion, 6 and I was very, very careful to try and pull away from that. 7 COMMISSIONER OEHLER: In his case, that would be a 8 demotion. 9 JUDGE TINLEY: Yeah. 10 MR. ODOM: Mr. and Mrs. Drapela own Lots 9, 10, and 11 11 of Cave Springs Addition, Section Five, Phase One of 12 Block C. The couple would like to combine the Lots 9, 10, 13 and 11 and make lot 10R. So, at this time, I ask the Court 14 to accept the preliminary revision of plat for Lots 9, 10, 15 and 11 of Cave Springs Addition, Section Five, Phase One, 16 Block C, Volume 5, Page 164, and Volume 5, Page 19, and to 17 set a public hearing for Monday, August the 13th, 2012, at 18 9 a.m. 19 COMMISSIONER OEHLER: So moved. 20 COMMISSIONER BALDWIN: Second. 21 JUDGE TINLEY: Motion made and seconded to set a 22 public hearing on the matter for August 13, 2012, at 9 a.m. 23 Question or discussion? All in favor, signify by raising 24 your right hand. 25 (The motion carried by unanimous vote.) 6-25-12 18 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: The motion does carry. Item 3; to 4 consider, discuss, take appropriate action for the Court's 5 approval to go out for bids on two supervisors' trucks with 6 utility beds and one Road Administrator truck. Mr. Odom, 7 these items are covered under the capital issue? They're 8 funded in that manner? 9 MR. ODOM: Yes, sir. 10 JUDGE TINLEY: All right, sir. 11 MR. ODOM: This is very stark, what we're talking 12 about, but I'm talking about three trucks. Two of them are 13 1999 and 2000 models. Mine is an '07, and each one of them 14 has over 200,000 miles on them. My thought is -- and purpose 15 is to take one of them -- one's an automatic and one's a 16 stick. They're 7.3 diesels, very good engines. However, you 17 know, it's reliability when you start getting like that. But 18 what I thought is to take this automatic that I have, Gail's 19 truck, and put a dump bed on that if the specs will work 20 right on that, so I can have something -- another little 21 small dump truck like Michael has. And that would work, and 22 then we would put the other one back into reserve. I have a 23 list that I'll bring to you on some old equipment in the next 24 couple of weeks. One of them's the old truck, the 1995 25 Chevrolet. I think it has over a quarter of a million miles 6-25-12 19 1 on it. We want to sell that. So -- 2 COMMISSIONER BALDWIN: Seems like you'd take better 3 care of your equipment. (Laughter.) 4 MR. ODOM: I know. And I made a comment one time, 5 but we keep them a very long time, and I want to try to keep 6 the 7.3's. Mine's a 5.3. It's a good engine, but when you 7 take small 327 engines and you put that many miles on it, 8 202,000 miles on it -- I've got a knock on it now, so it's 9 just a matter of time before probably something happens to 10 it. So, I would like to, for myself, have that as a backup 11 and reliability, be able to get around the county for a 12 couple more years. 13 JUDGE TINLEY: The one that you're going to retain 14 to put the dump bed on, that's a one-ton? 15 MR. ODOM: It is a one-ton F-350. Both of those 16 are F-350's. I will keep that other one dually as backup. 17 It will have less miles than what I have for backups. I 18 think each one of them -- my old one, F-250 has got a quarter 19 of a million, 270, something like that on it. So, that's -- 20 these just upgrade what I've got as backup, that they can get 21 around where we need to. 22 COMMISSIONER LETZ: And these are in the -- already 23 approved financially? 24 MR. ODOM: Yes. 25 COMMISSIONER LETZ: Move approval. 6-25-12 20 1 COMMISSIONER BALDWIN: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 approval of the agenda item. Question or discussion? All in 4 favor, signify by raising your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: Motion carried. Item 4; to 9 consider, discuss, take appropriate action to request 10 unclaimed capital credits received from Electric Cooperative 11 pursuant to Section 74.602, of the Texas Property Code from 12 the Texas Comptroller of Public Accounts; authorize County 13 Judge to prepare letter of request. If the Court will 14 recall, this is something we do each year, their accrual of 15 capital credits over there, and if we ask for them in the 16 proper manner, we'll get them. 17 COMMISSIONER BALDWIN: So moved. 18 COMMISSIONER OVERBY: Second. 19 JUDGE TINLEY: Motion made and seconded for 20 approval. Question or discussion? All in favor, signify by 21 raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: Motion carries. Let's go to Item 5; 6-25-12 21 1 to consider, discuss, take appropriate action to appoint 2 Tracy Soldan as County Treasurer to fill the existing vacancy 3 in the office of Kerr County Treasurer. I put this on the 4 agenda after the discussion of our last meeting that this 5 matter should be up for consideration. So, here it is, 6 gentlemen. 7 COMMISSIONER BALDWIN: Judge, I move for approval. 8 COMMISSIONER LETZ: Second. 9 JUDGE TINLEY: Motion made and seconded for 10 approval. Question or discussion? All in favor of the 11 motion, signify by raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: The motion does carry. 16 COMMISSIONER OEHLER: I will say that we should 17 thank Beth for her -- 18 COMMISSIONER BALDWIN: No kidding. 19 COMMISSIONER OEHLER: -- her time being the 20 interim, and doing a very good job. 21 COMMISSIONER BALDWIN: True. 22 JUDGE TINLEY: And she will continue down there as 23 the Treasurer's deputy. 24 COMMISSIONER OEHLER: That's a wise choice. 25 JUDGE TINLEY: Yeah. 6-25-12 22 1 MR. HENNEKE: Judge -- 2 COMMISSIONER LETZ: That motion was effective 3 immediately? 4 COMMISSIONER BALDWIN: Yes, sir. 5 COMMISSIONER LETZ: I just wanted to make sure. 6 JUDGE TINLEY: Let's go to Item 6; to consider, 7 discuss, take appropriate action on payment -- 8 COMMISSIONER OVERBY: Did we vote on that? 9 COMMISSIONER OEHLER: Yeah. 10 JUDGE TINLEY: -- to TexDOT for the Cade Loop 11 bridge project. Commissioner Oehler. 12 COMMISSIONER OEHLER: At the last meeting, I was 13 asked to get a letter from TexDOT requesting those funds that 14 we approved in our capital loan project. You have the letter 15 in your packet. And I believe that they -- they said they 16 would pay for cost overrun, but there would be no refund if 17 it was less than what they projected. So, I did -- I did 18 ask. 19 COMMISSIONER LETZ: So we can't delay any more. 20 COMMISSIONER OEHLER: No, you've delayed it as long 21 as you can delay it. So, I move that we approve payment to 22 TexDOT of 350,000 that was agreed upon to help fund the Cade 23 Loop bridge project. 24 COMMISSIONER LETZ: Second. 25 JUDGE TINLEY: Motion made and seconded as 6-25-12 23 1 indicated. Question or discussion? I think that's from a 2 2007 commitment, was it not? 3 COMMISSIONER OEHLER: That's exactly right. 4 COMMISSIONER LETZ: Pretty good hold onto it. 5 JUDGE TINLEY: Yeah. 6 COMMISSIONER OEHLER: Besides that, they've been -- 7 you know, they are going to build the project, and they're 8 going to let bids in August, and the project will begin in 9 October. 10 JUDGE TINLEY: Any other questions? 11 COMMISSIONER OEHLER: A lot of people are happy 12 about this on the other side of the river. 13 JUDGE TINLEY: I bet they are. Any other questions 14 or comments? All in favor, signify by raising your right 15 hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: The motion does carry. Our 9:30 20 item, Item 7, I don't see our representatives here from 21 the -- 22 COMMISSIONER LETZ: Financial. 23 JUDGE TINLEY: -- financial advisers. Let's go to 24 Item 8; to consider, discuss, take appropriate action to set 25 public hearing on August 13, 2012, at 9 a.m. in the 6-25-12 24 1 Commissioners Courtroom at the Kerr County Courthouse, 700 2 Main Street, Kerrville, Texas, 78028, to consider petition 3 for the creation of proposed Kerr County Emergency Services 4 District Number 3. Commissioner Baldwin? 5 COMMISSIONER BALDWIN: Yes, sir. It is 6 self-explanatory. It's time to take that next step, and in 7 your packet you have the little calendar of events that we're 8 going through, and you can see where we are, and we're right 9 on schedule. Actually, we're going to be a little bit ahead 10 of schedule here pretty soon. But if I were going to say -- 11 I'm probably not, but if I were going to say anything about 12 this, I would say something like that this is the only 13 program that I've ever seen that the public is going to vote 14 up or down in November. The public votes for the tax rate, 15 the beginning tax rate. Any time the ESD needs to move that 16 tax rate around, the public votes and approves or disapproves 17 it. It just goes on and on and on. The -- the big argument 18 last year of double taxation for the city residents, that 19 disappears with an ESD, because we -- you only tax one time, 20 and that's by the City, and not by us any longer, once the 21 ESD is established. So, it's a win, win, win, win, win. But 22 I'm not going to say all of that. 23 JUDGE TINLEY: All right. 24 COMMISSIONER BALDWIN: And so I move for approval 25 of the agenda item. 6-25-12 25 1 COMMISSIONER LETZ: Second. 2 JUDGE TINLEY: Motion made and seconded for 3 approval of the agenda item. Further question or discussion? 4 COMMISSIONER OVERBY: Question. 5 JUDGE TINLEY: Yes, sir? 6 COMMISSIONER OVERBY: Judge Baldwin -- I mean 7 Commissioner Baldwin. 8 COMMISSIONER BALDWIN: Thank you. 9 COMMISSIONER OVERBY: You are the -- our fire chief 10 out there in the county. 11 COMMISSIONER BALDWIN: Yes, sir. I think I lost 12 that job. 13 COMMISSIONER OVERBY: Did you lose the title? 14 COMMISSIONER BALDWIN: I think so. 15 COMMISSIONER OVERBY: I've got some questions. 16 And, again, first of all, I agree with everything that you 17 said on the ESD and moving forward with this, and I'm glad to 18 see this, and again, letting the citizens vote on the pros 19 and cons of this. My question is, I am wanting to see 20 projections and numbers of what the potential ESD could 21 generate if it was City/ETJ/County participation. What would 22 it generate? And I understand there's an independent board 23 if it is approved that actually would vote on what that -- 24 that percentage of support would be. Do we have numbers that 25 show us the projections from one cent, two cents, whatever, 6-25-12 26 1 up to 10 cent so that we could look at that? 'Cause I know 2 when we do a public hearing meeting, these questions are 3 going to be asked, and I need to -- you know, I would like to 4 see those projections of those numbers in front of me so I 5 can give my full support behind it, 'cause I definitely agree 6 with you that the ESD is a deal that needs to be discussed on 7 the pros and cons of this, and let the voters decide. My 8 question here is, do we have those projections available to 9 us so that we can start looking at that now? Is that 10 available to us? 11 COMMISSIONER BALDWIN: Not this very moment, but 12 before this day's out, I'll sure hand it to you. 13 COMMISSIONER OVERBY: Okay. 14 COMMISSIONER BALDWIN: You may have to do a little 15 math on your own. 16 COMMISSIONER OVERBY: Okay. 17 COMMISSIONER BALDWIN: But there -- I just received 18 it this morning on my computer; I haven't even read it all 19 yet. 20 COMMISSIONER OVERBY: So those numbers will be 21 available to us? 22 COMMISSIONER BALDWIN: Yes, they will. 23 COMMISSIONER OVERBY: Okay. That was my main 24 question I had. 25 JUDGE TINLEY: Any other question or comment? All 6-25-12 27 1 in favor of the motion, signify by raising your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: That motion does carry. Item 10, 6 update on the Texas Water Development Board CWSRF fund 7 through Texas Water Development Board's wastewater project in 8 east Kerr County and other wastewater projects -- wastewater 9 project updates. Commissioner Overby? 10 COMMISSIONER OVERBY: Judge, we talked about this a 11 little bit in our opening, just our public comments that 12 we're in. Again, it was also reported in the paper over the 13 weekend, but again, I think the significance to the opening 14 comments that we talked about last Thursday, we went to the 15 Texas Water Development Board, and I want to -- we had our 16 team that went on that; Commissioner Letz and myself went, 17 our County Auditor, Jeannie Hargis. I would like to also say 18 that Dusty Traylor from RBC Consultants -- I think it's RBC 19 now. I know they change names at different times, but it's 20 RBC Capital Group now? 21 JUDGE TINLEY: Yeah. 22 COMMISSIONER OVERBY: Okay. And Keller Drozdick 23 from Tetra Tech; we went to the T.W.B. meeting. The passing 24 of the $1.924 million on this project phase for this funding, 25 again, the majority of this money is coming from the Clean 6-25-12 28 1 Water State Revolving Fund grant process, which is 70 percent 2 of this, which is about $1.27 million. The other item that 3 we can talk about here in just a second is part of that 4 application was the County also borrowing through the Clean 5 Water State Revolving Fund, using that program through T.W.B. 6 was a $570,000 loan at very, very low interest rates. That 7 was part of the application process as well. And then the 8 County also leveraged through EDAP funding as well another 9 level of participation in this project to move forward. I 10 think the significance -- and it was talked about there, so 11 the agenda item, the funding getting secured last week is a 12 huge step in this project moving forward for east Kerr 13 County. 14 The funding, again, as we look back and we go back 15 to this discussion, Commissioner Williams, who was on this 16 Court here for many years, had that vision of starting this 17 process out in east Kerr County, and it is a -- you can say 18 government wheels turn slowly, but the vision of -- that 19 vision that was here at this Court has been turning, and we 20 did complete the feasibility study. And just for people's 21 information, last January of 2011, we came into a situation 22 where we were in the feasibility study and we were in the 23 first category of being completed, and we began last year in 24 completing Category B, C, and D in the feasibility study. 25 Lots of people participated in that and picking up the baton 6-25-12 29 1 and moving forward with that. In that process, we completed 2 the feasibility study in basically late April of this year, 3 and we started strategizing on making our application all 4 ready for the Clean Water State Revolving Fund in February of 5 this year. 6 The meeting last week, there were several agenda 7 items there from other communities across our state there 8 that were going to be vetted on. I will say that our 9 application scored very highly as far as a recommendation at 10 the Texas Water Development Board due to a lot of efforts of 11 the people I've mentioned earlier, about their efforts in 12 getting those things accomplished. Commissioner Letz made 13 the comment already earlier about the funding that was 14 approved last week. You typically, once you get this level 15 of funding approved at the state level, the other part of the 16 funding will be generated and will come through as well in 17 the construction funding. So, the -- the process last week 18 went through. We had a unanimous vote of 7-0 on this -- on 19 this project. It was approved. 20 I want to state the timeline again. We did this 21 for the newspapers last week, but for the timeline for 22 everybody, this particular phase is for the design and 23 acquisition of this project. Acquisition of -- we're trying 24 to lay -- about 90 percent of this, we think, is going to be 25 in TexDOT right-of-ways, but there will be some folks that 6-25-12 30 1 we'll be talking to as well once we look at our options as 2 they're laid out. But we anticipate a two-year timeline for 3 this particular phase to be completed. We've talked with our 4 County Auditor already and other folks about when we will be 5 making the construction funding request. That may come as 6 early as this year, so that we start that timeline as far as 7 requesting for those funds. So, we're anticipating a 8 two-year timeline for this phase to be completed, which would 9 be end of August of 2014. The construction funding, 10 actually, the construction part of this project could begin 11 as late as 2014, and actually the reality of it is, we could 12 potentially have construction completed as late as 2016 for 13 this particular project. 14 We've already mentioned -- Judge Tinley's mentioned 15 the comments about the benefits of this for east Kerr County, 16 but the potential part of not only the development out there 17 in the area, but I think more importantly is the 18 environmental issues that we talked about; getting folks off 19 septic, protecting our river, keeping our river clean, and 20 getting those folks off septic issues. Also, in our 21 interview, and I think it's also -- to be very clear to 22 people as we talk about this project, not everybody's going 23 to be hooked up immediately in Center Point when this project 24 comes in, with all the trunk lines and folks that get hooked 25 up on this. We're obviously going to try to take an 6-25-12 31 1 opportunity to get as many as we can hooked up on this 2 initial phase as it comes in. One of those that obviously is 3 going to be targeted is the school. That's in that area -- a 4 big area. We're going to try to make sure that's in our 5 first kind of area to help immediately with that. 6 But this is going to be very similar like the 7 Kerrville South wastewater project. And if everybody's, 8 again, following what's happened with Camp Meeting Creek, you 9 saw here's a project that's taken a long time, but over 10 10 years, 12 years, you've seen that river being cleaned up. 11 It's no longer the issue like it was, and you were seeing a 12 half million dollar request through T.B.A. where they were 13 getting more and more people hooked up on those services to 14 clean the creeks, to clean the area, and I see that this will 15 happen with Center Point as well. So, once 2016 is completed 16 with the main lines and the initial hookup, you can -- you 17 can kind of estimate over the next several years that you're 18 going to see little areas getting hooked up as well as it 19 goes through. I think that we'll be trying to take advantage 20 of as much funding and grant requests that we can to help 21 with this project to move along, to move along to help people 22 in that area. So, with that, I just wanted to say that last 23 week was a big step, again, for this project to move forward. 24 I want to thank the Commissioners Court for having the 25 support behind this project, and good -- good -- good trip. 6-25-12 32 1 And we'll move on to the next phase. That's all I've got to 2 say. 3 JUDGE TINLEY: Thank you. Any other comments in 4 connection with that? Let's move on to Item 13; to discuss 5 and approve group two homeowners for O.S.S.F. assistance at 6 the following addresses as part of the county's 710065 7 O.S.S.F. grant, those being 159 Valle Verde Road in Kerrville 8 South, that's western Kerrville South; 1302 Ridge Crest 9 Drive, Kerrville, western Kerrville South; 152 Annie Lane; 10 that's in Center Point in Hill River Country Estates; 112 11 Colt Court in Ingram, in the Westwood Oaks area; and 132 12 Greymoss Court there in Ingram, also in the Westwood Oaks 13 area. Mr. Garcia? 14 MR. GARCIA: Morning. Grantworks has qualified 15 these Kerr County residents, and we are asking approval to 16 move to the next phase, which would be the site evaluation 17 for the actual professional to go out to the resident's home 18 and conduct their site evaluation and start the planning 19 phase. 20 JUDGE TINLEY: With the idea in mind of bringing 21 those into a bid process to be qualified under this grant 22 program that we still have funds available to bring some of 23 those substandard facilities into compliance? 24 MR. GARCIA: Yes, that is correct. 25 JUDGE TINLEY: Okay. 6-25-12 33 1 COMMISSIONER BALDWIN: Ray, how are -- how are -- 2 tell me again how these particular ones were selected. 3 MR. GARCIA: These particular areas, the areas that 4 Judge Tinley just read off, are the colonia areas that the 5 grant was based on. Again, they are also income -- their 6 incomes are taken into consideration here, and are one of the 7 chief qualifiers for the grant. And, again, echoing off what 8 Commissioner Letz said, these -- these lots in these areas, 9 these colonia areas, literally, to give you an idea, I think 10 that was a little -- that was probably an understatement. 11 Some of the lots that we're working with are 36-by-40 lots, 12 and you're talking trying to fit an actual septic system on 13 here, which you're trying to fit a 1,500 square foot 14 structure that -- you know, literally, you're trying to fit a 15 septic system in this area right here. So, again, this is 16 what we're faced with out there. 17 And in terms of the challenges, and also mitigating 18 problems out there of failing systems, cesspools and whatnot, 19 this grant right here is huge. It's monumental for us, and 20 again, for the environment particularly, because all these 21 areas are also, again, contributing to the impaired part of 22 our river out here, which everybody knows currently we have 23 the T.M.D.L. study, which is Total Maximum Daily Load 24 allowance study for our Guadalupe River. So, all these 25 things come into play, Commissioner Baldwin, again, from 6-25-12 34 1 their economic status to the colonia area where they live, 2 and the lots, lot sizes, everything. It's a win for 3 everybody in terms of environmental. 4 COMMISSIONER BALDWIN: I know that in the Kerrville 5 South area, through the years -- I don't -- we've spent a 6 couple of million dollars over there, but through the years, 7 we've gotten almost everybody off of their septic tanks and 8 onto the city system. I was approached Saturday by a 9 gentleman that lives in his precinct that was overlooked, for 10 some reason, and I couldn't remember why people -- there was 11 a couple of people skipped out there at some point. So, I 12 told him -- I got him Guy's cell number and his home number 13 and all those things to talk with him about it. (Laughter.) 14 And I'm -- I was just wondering if this was some of that, 15 Valle Verde Road and that kind of thing. 16 MR. GARCIA: They can contact our department, and 17 then we look at the colonia maps that were sent out, and it's 18 that quick; we'll know if he's in the colonia area and the -- 19 in that range, and the street all the way up to the last 20 address that is incorporated in that grant area. 21 COMMISSIONER BALDWIN: Thank you. 22 COMMISSIONER OVERBY: And to follow up on 23 Commissioner Baldwin's comment as well, just -- Ray, number 24 of people, again, that we have right now who are taking 25 advantage of this grant, how many are so far signed up? 6-25-12 35 1 MR. GARCIA: We had the initial -- initially, we 2 had 32 people that signed up. And, again, through the 3 qualifying process, that has -- 4 COMMISSIONER OVERBY: Right. 5 MR. GARCIA: -- dwindled down, again, because of 6 their financial status and whatnot, or they're unable to meet 7 other requirements of the grant. But currently, we just 8 completed five installs, and we have another five here, and 9 then we have some more people right now that are going 10 through the qualification process up in Austin right now. 11 COMMISSIONER OVERBY: And, Ray, the deadline for 12 this grant? 13 MR. GARCIA: October 16th, everything has to be 14 completed on this grant. That means we have to come back 15 here and close it out with the Court, everything submitted; 16 i.e., through the Auditor also. And -- 17 COMMISSIONER BALDWIN: Good deal. Thank you. 18 MR. GARCIA: Thank you. 19 COMMISSIONER OVERBY: It's a good deal. 20 COMMISSIONER OEHLER: I move approval. 21 COMMISSIONER OVERBY: Second. 22 JUDGE TINLEY: Motion made and seconded for 23 approval of the agenda item. Question or discussion? All in 24 favor, signify by raising your right hand. 25 (The motion carried by unanimous vote.) 6-25-12 36 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 COMMISSIONER BALDWIN: About 65 percent of our time 4 this morning, we've talked about septic tanks, so I don't 5 know if that's a sign of where we're headed here or not, but 6 could be interesting before the day's over. 7 JUDGE TINLEY: I got something better for us right 8 now, our 9:45 item. Item 9; a presentation by the chairman 9 of the Kerrville Kerr Economic Development Corporation of 10 K.E.D.C.'s recommendation with respect to the economic 11 development incentives to Privilege Creek Estates, Lane 12 Valley road project. Mr. Don Barnett. 13 COMMISSIONER LETZ: Before -- Judge, before we do 14 that, if could I make a brief -- most of the Court is aware 15 that this, I believe, is probably near the proximity of my 16 family's ranch, and I've recused myself from all discussions 17 about this, so I don't know really what this particular 18 item's about, but I will continue to recuse myself. And I 19 know it's on the agenda based on a conversation I had with 20 the County Attorney last week. 21 JUDGE TINLEY: We'll just play like you're not 22 here. 23 COMMISSIONER LETZ: Actually, I will not be here. 24 I'll go to my office for a few minutes. 25 JUDGE TINLEY: Okay. 6-25-12 37 1 (Commissioner Letz left the room.) 2 JUDGE TINLEY: Mr. Barnett? 3 MR. BARNETT: All right. Essentially, a couple 4 months ago we met with this Teal Company -- trading company, 5 who is developing this site in southeast Kerr County. Of 6 course, the road, Lane Valley, is an essential road for them 7 to have access, which will connect into Kendall County, is 8 their long-term plan. But this is a development that we 9 looked at in terms of its impact -- economic impact, not only 10 on a short-term basis, but also on a long-term tax basis, 11 because the development will be something similar to Comanche 12 Trace without a golf course. So, it's a high-end 13 development. And that road that they need to be developed 14 there, Lane Valley, is -- is not in the condition that it 15 would serve that number of new homes and so forth and have 16 access back into Kerr County. So, they've asked for a 381 17 agreement, which we, as a board, have unanimously supported 18 that they enter into a 381 with Kerr County. 19 JUDGE TINLEY: Any questions for Mr. Barnett? 20 COMMISSIONER BALDWIN: Oh, yeah. 381. Tell me 21 what that 381 is again. 22 MR. BARNETT: A 381 agreement is sort of an 23 arrangement with the developer. The developer pays up front 24 for any improvements to the road, and then they enter an 25 agreement in terms of a rebate back as they develop that site 6-25-12 38 1 over a period of time, which is really -- can be negotiated 2 between the County and the developer. Over time, that's 3 repaid to them as they do meet certain milestones of their 4 development. So, if they don't expand their -- if they don't 5 meet their development, they don't receive the funds back. 6 COMMISSIONER OEHLER: Does this come in the form of 7 -- of reduced property taxes, or how does this -- 8 MR. BARNETT: That's -- yes, that's a way of having 9 it done, through property tax rebatements, yes. 10 JUDGE TINLEY: Based on the increase only. 11 MR. BARNETT: As you increase the value of the 12 property, they get some rebate on that. 13 JUDGE TINLEY: As Chairman Barnett is often heard 14 to say at K.E.D.C. meetings, they get to eat part of what 15 they kill. 16 MR. BARNETT: You get to eat more of it, a lot 17 longer. 18 COMMISSIONER OVERBY: Mr. Barnett, is the K.E.D.C. 19 group -- y'all have obviously discussed this. Is the 20 recommendation for the -- the County's participation in this 21 to be the 381 as an incentive? 22 MR. BARNETT: That's correct. 23 COMMISSIONER OVERBY: Okay. 24 MR. BARNETT: That's correct. 25 COMMISSIONER OEHLER: What is the dollar value of 6-25-12 39 1 this? Total dollar value of any improvement to the road? 2 MR. BARNETT: About $350,000. 3 COMMISSIONER BALDWIN: And we're talking about a 4 road only; we're not talking about a subdivision. 5 MR. BARNETT: Well, the subdivision will be 6 created, but what they're -- the road is all they're asking 7 for assistance on. 8 COMMISSIONER BALDWIN: Road ingress/egress to the 9 subdivision, but not a road inside the subdivision? 10 MR. BARNETT: That's correct. 11 COMMISSIONER BALDWIN: Okay. Just Lane Valley 12 Road, extending through -- 13 COMMISSIONER OVERBY: Just basically asking for a 14 reimbursement on some portion of their development 15 percentage, what we commonly would see down the scale. 16 MR. BARNETT: Lane Valley has some parts of it that 17 are very good, but some parts of it are not very good at all, 18 particularly as you get closer to their property. 19 COMMISSIONER OVERBY: Got you. 20 COMMISSIONER BALDWIN: How does this benefit the 21 citizens of Kerr County? 22 MR. BARNETT: Well, you're going to have people who 23 are going to be able to use that road and will live in that 24 part of the town, and so I think Kerr County will benefit not 25 only on a short-term basis, because that road will bring 6-25-12 40 1 people back into -- all into Kerrville; they'll be using that 2 road as a thoroughfare back in and out. 3 JUDGE TINLEY: Increased tax. You're going to get 4 increased tax base in the subdivision with the development 5 there, the -- the benefits of the improvements to Lane 6 Valley. The 381 agreement that's being discussed, the County 7 Attorney and I had some initial discussions with the 8 developer and their attorney, and we directed them to the 9 K.E.D.C. organization, because under the process that both 10 the City and the County adopted, that's where all these 11 incentive matters are initially vetted. They, in turn, went 12 to the K.E.D.C. organization. The K.E.D.C. organization 13 reviewed the various aspects of it, and is now making a 14 recommendation to this body, the political body, to enter 15 into a 381 agreement. Now, the terms of that 381 agreement, 16 the specific terms have not fully been threshed out, but once 17 they are, the agreement itself will be brought back to the 18 Court for final approval. So, the final agreement with the 19 various specifics in it will be brought back before this 20 Court for approval before it can become effective. 21 COMMISSIONER BALDWIN: So why don't we just wait to 22 do that at one time? 23 JUDGE TINLEY: Well, under the process, the 24 incentives process, K.E.D.C. -- 25 COMMISSIONER BALDWIN: I see. 6-25-12 41 1 JUDGE TINLEY: -- makes the recommendation to the 2 political body. That's their purpose here today, and they've 3 done so. 4 COMMISSIONER BALDWIN: The -- the Privilege Creek, 5 I remember that we talked about this thing seven, eight years 6 ago, five, six years ago, something like that, and that road 7 over to Boerne. I mean, there's -- there's been lawsuits 8 after lawsuits and all kinds of things going on over there. 9 How -- how long -- you obviously are pretty sure that 10 Privilege Creek Subdivision itself, the high-end homes, et 11 cetera, is going to happen. 12 MR. BARNETT: Well, that's based upon what the 13 developer has presented to us. I mean, I think they have 14 some -- obviously, some milestones themselves to overcome. 15 But from our recommendation of what we've seen of their site 16 plan, they believe they can overcome any legal ramifications. 17 Even if they do not, I don't think it impairs Kerr County if 18 Lane Valley is a more open road for those residents. But I 19 -- you're right. The question of whether they can get that 20 crossover point, that's really a legal question that they're 21 trying to resolve. 22 JUDGE TINLEY: But in the meantime -- 23 MR. BARNETT: It doesn't impair, from our point of 24 view, the tax base and the increased revenue to Kerr County 25 does not diminish. If they don't develop it -- under the 381 6-25-12 42 1 agreement, if they don't develop, you don't pay. 2 JUDGE TINLEY: But in the meantime, we get the 3 benefits of the improvements they've expended on the -- on 4 Lane Valley, and -- and within the subdivision area. 5 COMMISSIONER BALDWIN: I don't know that I've ever 6 seen a 381 agreement on a road. I'm just -- I can't quite 7 step over that fence quite yet. But -- 8 COMMISSIONER OEHLER: Well, one of the ways that 9 you can think about it, I believe, is the fact that you're 10 going to have an increased amount of traffic, is one of your 11 very first things that's going to happen. And at some point 12 in time, if that road won't handle the traffic that's being 13 placed on it, the number, Kerr County would have to basically 14 improve that road at some point for the safe -- health and 15 safety. And I think that's one thing that could happen. 16 This just gets the developer to pay for that, and we 17 basically just reimburse on tax credits. So, you know, one 18 way or the other, you're going to pay one -- you know, at 19 some point in time. This is just a way to not -- we don't 20 have to use county funds to enhance that road or improve it. 21 JUDGE TINLEY: This is addressing an issue up 22 front, similar to what we had out on Henderson Branch -- 23 COMMISSIONER OEHLER: Yeah. 24 JUDGE TINLEY: -- that we did not address out 25 there. And -- 6-25-12 43 1 COMMISSIONER OEHLER: And that road -- that, you 2 know, development out there has not really sold that many 3 lots, so it really hasn't increased that much traffic. But 4 had we allowed that to re-subdivide in smaller lots, at some 5 point we would have had to do something with that road, and 6 that's expensive to acquire right-of-way and -- and do your 7 drainage and, you know, enhance that road. So, I think this 8 is -- this is the first time I've ever -- we've seen things 9 this year that I've never seen before. 10 COMMISSIONER OVERBY: That's right. 11 COMMISSIONER OEHLER: And they do, in my mind, make 12 more sense to have somebody else foot the bill, and then give 13 them a little credit for the increased amount of the tax base 14 you're going to get off of it. It's just a short-term deal, 15 and it goes on hopefully forever with the increase. 16 COMMISSIONER OVERBY: Yeah. I think also, just as 17 we're all just talking about it, the Chapter 381 here is 18 really the only incentive that we can do here to help them in 19 this kind of development, since they're outside the city. We 20 -- you know, the City can't do a 380; they can't do any 4B in 21 this situation. Well, but this is a situation, they're 22 coming to the County for that 381. And, again, I know today 23 is just presentation-wise, but you'll work those numbers out. 24 I know that you're not the developer, Don, but, I mean, do we 25 have any idea of a lot -- I mean, how big of homes? I mean, 6-25-12 44 1 can somebody answer a question? 2 MR. BARNETT: They have a full site plan. 3 JUDGE TINLEY: Yeah. 4 MR. BARNETT: David can address that. They can -- 5 COMMISSIONER OVERBY: Can somebody say the -- 6 MR. BARNETT: They have a site plan, yes. 7 MS. STEVENS: Regarding how many homes, it would 8 depend on -- 9 COMMISSIONER OVERBY: Thank you. 10 MS. STEVENS: The size of the homes would depend on 11 the final plat and how big we place our lots. In our very 12 first section right now, we have 22 lots, and acres are 5 to 13 25 acres. I would presume, going forward, that the desire 14 for land out in that direction are bigger lots, 25 on up. I 15 couldn't tell you specifically how many lots that would come 16 out to be. We have a total of 2,200 acres, so it depends. 17 Million dollar homes, based on what you come out of from 18 Boerne, you're talking large homes, higher-end homes and that 19 sort of thing, not high-density. Okay? 20 COMMISSIONER OVERBY: Thank you. 21 JUDGE TINLEY: At this point, the -- the K.E.D.C. 22 is delivering a recommendation, and from this point forward, 23 it would be a matter of -- of the County Attorney and a 24 representative of this Court to enter into a negotiation 25 process with the developer for the 381 agreement, and once 6-25-12 45 1 that process has run its course, to bring any proposed 2 agreement back to this Court for specific approval of that 3 agreement. So, that's really where we are. 4 COMMISSIONER BALDWIN: You don't have any problem 5 with it so far? 6 MR. HENNEKE: No, sir. 7 COMMISSIONER BALDWIN: Okay. Good to see you, 8 Mr. Barnett. 9 MR. BARNETT: Good to see you. 10 JUDGE TINLEY: Thank you. We appreciate it. 11 MR. BARNETT: Better circumstances. 12 COMMISSIONER BALDWIN: Yeah, really. No kidding. 13 We've been around the mulberry bush before. 14 JUDGE TINLEY: Okay. All right. So, I presume the 15 Court is desirous of -- of the County Attorney and I 16 continuing these negotiations for a 381 agreement, and once 17 we find something we think is -- we're comfortable with, 18 bring it back to the Court? 19 COMMISSIONER BALDWIN: Yes, sir. 20 COMMISSIONER OVERBY: Yep. 21 COMMISSIONER BALDWIN: Thank you very much for your 22 service. 23 JUDGE TINLEY: Okay. Okay, let's go to Item 14; to 24 consider, discuss, take appropriate action to enter into 25 agreement with Kerrville Area Chamber of Commerce to lease 6-25-12 46 1 Hill Country Youth Exhibit Center premises for the KerrFest 2 event. Commissioner Oehler? 3 (Commissioner Letz returned to court.) 4 COMMISSIONER OEHLER: Oh, this is -- Rob and I have 5 met with them, and I think going back and forth, and seems 6 that their request for use has changed several times. And 7 they're wanting to have more days, and I believe want to 8 utilize most of the entire facility, where I think in the 9 beginning it was mostly an outdoor event. So -- 10 MR. HENNEKE: I think that's -- that's changed even 11 more, Commissioner. What we have -- of course, I have 12 Mr. Dean, who's the new head of the Chamber here. I 13 presented to the Court a lease between the County and the 14 Chamber to do KerrFest, and there's been various 15 Commissioners Court meetings, and we've had a meeting with 16 Ms. Craddock, Mr. Oehler and I did, to try to reduce to 17 writing all of the terms. There was an initial, I guess, 18 question about whether the Court's authorization back in 19 January included use of the indoor part -- indoor facilities, 20 or if we were just talking about the outdoor facility. And 21 in reviewing the Commissioners Court meeting from January, it 22 really wasn't addressed. But in discussing it with Mr. Dean 23 this morning, the Chamber's not asking to use the indoor 24 facilities, except -- and I understand that they would like 25 to be able to plug into the electricity -- which part? 6-25-12 47 1 COMMISSIONER OEHLER: Kind of in the shed part. 2 MR. HENNEKE: At the shed part for the concert, and 3 are asking to be able to use the cooler to keep their ice in 4 during the event. So, it wouldn't be public access to 5 inside. It's not using the restrooms; it's not having people 6 going in and out of the inside of the building, except, I 7 guess, to get bags of ice. And then they want to be able to 8 plug in. So, I think the agreement is still good. It sets 9 forth days they're using it, liability insurance, indemnity 10 the security requirements. They're going to have a carnival 11 starting, I believe, on Wednesday through Saturday, and then 12 Thursday is the -- you know the schedule better than I do. 13 They've got the cook-off and concert and rodeo and everything 14 going through the weekend. So, it's gotten big enough that 15 my recommendation to the Court was that we enter into a 16 formal agreement with the Chamber. This is what I drafted. 17 The Chamber's reviewed it, worked out the small changes that 18 we had, and so we brought it back to the Court for approval, 19 and just put it on the record to address this issue about 20 electrical connections and use of the cooler for ice. That's 21 not in the lease, but I don't necessarily think that it has 22 to be that detailed and that specific. 23 COMMISSIONER BALDWIN: So, you're talking about 24 waiving the rental fees, if that's all they're going to do, 25 is store ice and put an extension cord inside? 6-25-12 48 1 MR. HENNEKE: Correct. The Court, back in January, 2 waived any fees associated with use of the outdoor -- the 3 outdoor arena. 4 COMMISSIONER BALDWIN: I see. 5 MR. HENNEKE: The outdoor facilities. But the 6 discussion was moot about any use of the -- any part of the 7 indoor. 8 JUDGE TINLEY: Yeah. Kerr County is one of four 9 sponsors of the event, in addition to the Chamber, the City, 10 and Convention and Visitors Bureau, I believe. And that was 11 -- that was one of our contributions. Is the lease agreement 12 going to be need to be amended to specifically indicate 13 access to electrical service on the -- on the east side, as 14 well as use of the walk-in cooler for storage? Or -- 15 MR. HENNEKE: Your Honor -- 16 JUDGE TINLEY: -- can we do that by virtue of 17 what's on the record here today? 18 MR. HENNEKE: Either way. If the Court would like 19 that level of detail drafted into the lease, I could 20 certainly amend it and bring it back, or I would say that the 21 lease -- you know, those specific little things -- like we're 22 going to let them use our trash cans. You know, I don't know 23 that we have to dial down to that level of detail. It's just 24 that we have the -- the understanding here with the Chamber, 25 the Commissioners Court, with Tim, everybody on board. I 6-25-12 49 1 think it falls within the lease, as long as the Commissioners 2 Court gives permission to do it. 3 JUDGE TINLEY: Yeah, I think that's adequate. And 4 we're on the record here today, and I assume that's okay with 5 the Chamber? 6 MR. DEAN: Yes, sir. 7 JUDGE TINLEY: Okay. 8 COMMISSIONER BALDWIN: Let's see. 9 COMMISSIONER OEHLER: We need to approve this? Or 10 is this already -- 11 MR. HENNEKE: No, it needs to be approved. 12 COMMISSIONER OEHLER: I move we approve the lease 13 agreement that refers to KerrFest, as presented by the County 14 Attorney. 15 JUDGE TINLEY: I have a motion. Do I hear a 16 second? 17 COMMISSIONER OVERBY: I'll second. 18 JUDGE TINLEY: Motion and a second for approval of 19 the lease agreement. Question or discussion? 20 COMMISSIONER BALDWIN: Yeah, I have two questions. 21 JUDGE TINLEY: All right, sir. 22 COMMISSIONER BALDWIN: Is there any money changing 23 hands? Are they renting anything from us? 24 MR. HENNEKE: They are leasing the use of the 25 outdoor facility and the ice cooler, and plugging into the 6-25-12 50 1 electricity. They're also being allowed to use Flat Rock 2 Park for parking on Saturday. And so they are leasing the 3 use of the exhibit center, and the Court has previously 4 waived the fees for use of the outdoor facility, and -- and I 5 understand from the discussion today, the proposal would be 6 as well that the Court would not charge for the electrical 7 connection, or would not charge for use of the cooler. So, 8 there's an exchange of -- of value, but there's no money 9 being paid, Commissioner. 10 COMMISSIONER BALDWIN: Okay, thank you. 11 COMMISSIONER OEHLER: That was a long -- long 12 answer for "no." 13 COMMISSIONER BALDWIN: You'd be a good lawyer, I 14 think. And then my other question is, are you -- is anybody 15 -- are they going to use any local bands at all? Local 16 musicians? 17 MR. DEAN: That I don't know. 18 JUDGE TINLEY: Are you wrangling for a gig here? 19 COMMISSIONER BALDWIN: I'm just telling you. 20 MR. DEAN: I'm sure we've got an opening if you'd 21 like. But -- 22 COMMISSIONER BALDWIN: Well, I can pick my nose. 23 But there's lots of musicians locally that -- you know, 24 families that helped build this community, and they're still 25 out there churning way, and you go hire somebody from Austin, 6-25-12 51 1 and maggot-infested, and -- 2 JUDGE TINLEY: Weird. 3 COMMISSIONER LETZ: Weird. 4 COMMISSIONER BALDWIN: -- weird. And we keep 5 trying to keep them weird, and probably going to pay them. 6 JUDGE TINLEY: That's where the money changes hands 7 there. 8 COMMISSIONER LETZ: Judge, may I -- I have a 9 comment to Mr. Dean, is that the -- you know, this year, I 10 mean, everything is fine, but I think next year we need to 11 get a better -- more of a communication between the Chamber 12 and all parties -- all of the sponsors to figure out exactly 13 who's doing what. 14 MR. DEAN: Okay. 15 COMMISSIONER LETZ: It's kind of -- this thing has 16 kind of morphed and moved and changed a little bit, and it's 17 a great venue -- great event, but we just need to figure out 18 what our role is in it a little bit clearer next year. 19 MR. DEAN: I'll plan on being here next year. 20 COMMISSIONER OVERBY: That's right. I was going to 21 say -- 22 MR. DEAN: Far as I know. The jury may still be 23 out, but I plan on being here. We'll do that. 24 COMMISSIONER LETZ: Okay. 25 JUDGE TINLEY: Tim, you had a question? 6-25-12 52 1 MR. BOLLIER: Yes, sir. I have several questions, 2 actually. I'm -- I'm wondering -- I heard you say you're 3 going to have carnival people out there, going to have a band 4 out there, you're going to have a rodeo out there, and you 5 have also got separate vendors that were out there last year. 6 Are they coming back too? 7 MR. DEAN: I think most of those have been offered 8 to come back. 9 MR. BOLLIER: My question is, where are you going 10 to put all this? 11 MR. DEAN: That I don't know. I haven't been here 12 before, so I'll have to rely on somebody's expertise. 13 COMMISSIONER OEHLER: Let me tell you that the 14 carnival people are not going to be staying there. 15 MR. BOLLIER: Okay, thank you. 16 COMMISSIONER OEHLER: That was one of the things 17 that I mentioned at our -- one of our meetings, that there 18 would not be a place for them to stay. 19 MR. BOLLIER: No. 20 COMMISSIONER OEHLER: Because that room is going to 21 be used for something else, and they need to find another 22 place to hook up and reside while the carnival's going on. 23 MR. BOLLIER: Okay, that answered my question. But 24 those people -- 25 COMMISSIONER OEHLER: That's what you wanted to 6-25-12 53 1 know. 2 MR. BOLLIER: Because with them gone, we got plenty 3 of room. 'Cause I was wondering, you know, how they go back 4 there -- 5 COMMISSIONER OEHLER: I know. That was one of the 6 concerns that we talked about. We made it very clear, I 7 think. Didn't we, Rob? 8 MR. HENNEKE: And it's in the lease. 9 COMMISSIONER OEHLER: Yeah, that's what I thought. 10 JUDGE TINLEY: Okay. Any other questions or 11 comments? All in favor of the motion, signify by raising 12 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. Are we ready 17 to go with the 9:30 now? Okay, how fortuitous. Let us go 18 back to Item 17. 19 COMMISSIONER LETZ: 7. 20 COMMISSIONER OEHLER: 7. 21 JUDGE TINLEY: Excuse me, 7. 1.7; that's 17 if you 22 take the period out of it. Order authorizing the issuance, 23 sale, and delivery of $570,000 in aggregate principal amount 24 of Kerr County, Texas Certificates of Obligation, Series 25 2012A, to be purchased by the Texas Water Development Board, 6-25-12 54 1 securing the payment thereof by authorizing the levy of an 2 annual ad valorem tax and a pledge of certain surplus 3 revenues of the county's parks systems, and approving and 4 authorizing the execution of a paying agent/registrar 5 agreement, an escrow agreement, and all other instruments and 6 procedures related thereto. Ms. Hargis, you're on the agenda 7 item. Do you want to lay this on Mr. Spurgeon? 8 MS. HARGIS: I do want to lay this on Mr. Spurgeon. 9 JUDGE TINLEY: Tom Spurgeon, our bond counsel, is 10 here with us today. Good to see you, sir. 11 MR. SPURGEON: Judge, it's nice to be here. And 12 members of the Court, thank you for having me. It's good to 13 be here. This is a follow-up to what Commissioner Overby was 14 briefing you about 20 minutes ago or so. This is the agenda 15 item to approve the issuance of the C.O.'s for the -- the 16 planning and design portion of the project. You gave notice 17 of intention a month or so ago. It's been in the newspaper, 18 and so this is the actual approval of the C.O.'s themselves, 19 $570,000. The rates were received -- as he mentioned, the 20 board approved last Thursday all of the funding, essentially, 21 or at least up to this stage for the wastewater system 22 project, and we received the rates from Water Development 23 Board on Friday. Which, just to let you know, if you haven't 24 heard, they are essentially zero percent for the maturities 25 through 2018 maturity. And then the last four maturities, 6-25-12 55 1 the rates are at .24 percent, .49, .7, and .85 percent. So, 2 you're essentially just paying back what you're borrowing. 3 JUDGE TINLEY: Do they have any more of that 4 available over there, Mr. Spurgeon? I'd like to apply. 5 MR. SPURGEON: I was looking for some of that 6 myself, but I don't think -- 7 COMMISSIONER OEHLER: Now you know why we want to 8 roll this into our other issue. 9 COMMISSIONER OVERBY: That's right. 10 MR. SPURGEON: So, you're -- and the County Auditor 11 can certainly tell you more about that in terms of the tax 12 rate, but it's obviously a great borrowing for the County, 13 things like that. So, the order would set all that in place. 14 We had a couple things going on that -- that we've added, and 15 I believe I sent a revised order on -- I actually didn't send 16 it till yesterday, but we'd gotten a couple comments from 17 staff attorneys at the Water Development Board on some things 18 that were included in the Water Development Board's order 19 that needed to be in this resolution, and it related to the 20 County agreeing to comply with certain federal laws that were 21 in here, not using proceeds for any testing or removal of 22 contaminated soil. And there's one other item, too, that 23 they were referring to, which I incorporated in the revised 24 order that you have, that you'll be approving today. Oh, the 25 other one is timely use of proceeds, in compliance with some 6-25-12 56 1 federal Environmental Protection Agency requirements, things 2 like that. 3 So, other than that, we are -- your order should be 4 ready to go. There is one issue that I've got with -- that I 5 still have that I want to clarify with Joe Reynolds, the 6 attorney from Water Development Board, who's asking for some 7 additional language regarding the surplus proceeds, and I've 8 added a section in the interest and sinking fund area that I, 9 frankly, don't think applies to you, 'cause I think your 10 intent is that you're going to be paying all of this with ad 11 valorem taxes, and so it -- it really won't have any impact 12 on what you are actually doing in terms of paying this back. 13 And then I got an e-mail from Joe as I was coming up this 14 morning that said someone else in their office noted the 15 surplus revenue section was already covered, so I'm dropping 16 that. So, I'm -- if he tells me that he doesn't need this 17 additional language, I'm taking it out, 'cause it's -- it's 18 not necessary, but it really doesn't do anything for what 19 you're doing. 20 So, your -- your intent is, you're paying this with 21 ad valorem taxes over the next -- this pays out 2022, so -- 22 and so I think that whole thing would drop. That's the only 23 -- I just want to let you know I may "X" that out once I hear 24 from Joe, get it back from him. Other than that, this is -- 25 this is similar, if you will, to the C.O.'s that you issued 6-25-12 57 1 last time, although, obviously, your purpose is different. 2 And -- 3 JUDGE TINLEY: Rate's considerably better. 4 MR. SPURGEON: Right, exactly. So -- 5 JUDGE TINLEY: Do I hear a motion for approval? 6 COMMISSIONER OVERBY: Motion to approve. 7 COMMISSIONER LETZ: Second. 8 JUDGE TINLEY: Motion made and seconded for 9 approval of the agenda item. Any further question or 10 discussion on the motion? All in favor of the motion, 11 signify by raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: That motion does carry. Thank you, 16 Mr. Spurgeon. 17 MR. SPURGEON: Thank you, Judge. 18 JUDGE TINLEY: Let's go to Item 11, if we might, a 19 10:15 item; it is that time now, to consider, discuss, take 20 appropriate action to approve lease agreement with Ricoh for 21 copier for Kerr County Juvenile Detention Facility, allow 22 County Judge to sign same. Mr. Stanton? 23 MR. STANTON: Yes, sir. Good morning. One of our 24 lease copiers, the agreement has run out. We're trying to 25 replace that. We're actually decreasing the cost by about a 6-25-12 58 1 little over $300 a year on the copier. So, we're just asking 2 that that be approved through Ricoh. It's just renewal of a 3 contract with a different copier. 4 JUDGE TINLEY: And you have funding in your budget, 5 obviously. 6 MR. STANTON: Yes, sir. 7 JUDGE TINLEY: By virtue of the old contract. 8 Actually, you're going to have a little excess now, with 9 costs going down. 10 MR. STANTON: Yes, sir. 11 COMMISSIONER BALDWIN: So moved. 12 COMMISSIONER OEHLER: Second. 13 JUDGE TINLEY: Motion made and seconded for 14 approval. Question or discussion? All in favor, signify by 15 raising your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: Motion carries. Let's go to Item 20 12; to consider, discuss, take appropriate action to approve 21 the transfer of 2000 Dodge 15-passenger van from Kerr County 22 Juvenile Detention Facility to Kerr County Juvenile Probation 23 Department. Mr. Stanton? 24 MR. STANTON: From my understanding, the Probation 25 Department is interested in using the van that we were going 6-25-12 59 1 to be trading in on our new vehicle. We were going to get 2 $2,000 for it. For the $2,000 that we were going to get for 3 it, the Probation Department seems like they could -- it 4 would fulfill their needs that they need for their 5 transporting of juveniles, and we're requesting that the -- 6 the van, instead of being traded in, be transferred over to 7 the Probation Department from our department. 8 JUDGE TINLEY: The Juvenile Probation Department 9 does not have a conveyance that's large enough to handle the 10 number of kids that they need, and so this fit their needs, 11 and, frankly, was a pretty economical way to satisfy that 12 need. So, instead of trading that thing in for two grand, 13 they just moved it over, and I think $2,000 got transferred 14 from the Juvenile Probation Department somehow. There were 15 some bookkeeping entries made for them to be able to pick 16 that up. So -- 17 COMMISSIONER BALDWIN: So moved. 18 COMMISSIONER OVERBY: Second. 19 JUDGE TINLEY: Motion made and seconded for 20 approval. Question or discussion? All in favor, signify by 21 raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: That motion does carry. Let's go to 6-25-12 60 1 Item 16; to consider, discuss, take appropriate action to 2 contract with Rock Engineering for additional soil testing 3 and on-site observation, documentation and approval of pier 4 holes and other specifications and requirements of the 5 project by the architect for the show barn project at Hill 6 Country Youth Exhibit Center; allow County Judge to sign 7 same. Commissioner Oehler? 8 COMMISSIONER OEHLER: Yes, Judge. This was brought 9 to our attention last week during the pre-bid meeting we held 10 at the Exhibition Center. That requirement in doing the -- 11 what's specified in this agenda item was part of the 12 requirements the architect had drawn into the specifications, 13 that that testing must be done, basically in a short version, 14 when the pier holes are drilled, which could be the very 15 first thing that happens once the bid is awarded. Those 16 holes have to be measured and -- and identify that there's no 17 loose material and things, and this is part of -- it takes an 18 on-site person to do that, and being as Rock Engineering has 19 done all the other soil testing, I think it makes sense for 20 us to stay with them so we have all that under one company. 21 If we allowed whoever the general contractor is to be -- to 22 provide that service, we don't know who it might have been. 23 And I think, being as we're doing all the site work, it makes 24 sense. So, you have a copy of -- of the proposal from Kyle 25 at Rock, and I believe that amount's 400 -- $4,470 to do all 6-25-12 61 1 the things necessary to do the site visits, and also go one 2 step further than I believe what we thought we were going to 3 do, and that would be to also give the consent, as it's 4 poured, to take samples of that so that you prove up that the 5 right strength of the concrete was poured, and basically just 6 verify all the stuff -- you know, there's additional soil 7 tests as we're doing the compaction and site work and 8 materials that will be brought in this week. So, that's what 9 it's about, and it is a requirement of -- of the project to 10 have this done. 11 COMMISSIONER BALDWIN: Let me ask you about this, 12 Bruce, right quick. This additional soil testing, now, I 13 thought we had done all of the testing to see what kind of 14 chemicals were in there, and we've done that. 15 COMMISSIONER OEHLER: Yeah, that was pretty -- 16 COMMISSIONER BALDWIN: And now we're replacing, and 17 we're talking about compactions and things like that. 18 COMMISSIONER OEHLER: Yeah. The initial was done 19 so that they could engineer the slab, and also you'll have to 20 dig the pier holes and all that to hold up the structure. 21 All that was done in the beginning. This is in addition -- 22 in addition to, which is required so that we have it signed 23 off on and we cover ourselves for future, in case something 24 goes wrong. 25 JUDGE TINLEY: This is our insulation as our 6-25-12 62 1 general contractor -- Road and Bridge is our general 2 contractor on the site work; insulation for the liability on 3 that aspect. Once the engineer signs off on it, then the 4 liability is transferred to the engineers. 5 COMMISSIONER BALDWIN: Yeah. 6 COMMISSIONER OEHLER: So, it's just something we 7 have to do. 8 COMMISSIONER LETZ: I move approval in the amount 9 of $4,470, and enter into an agreement with Rock Engineering 10 as outlined in the agenda item. 11 COMMISSIONER OEHLER: Second. 12 JUDGE TINLEY: Motion made and seconded as 13 indicated. Further question or discussion? All in favor of 14 the motion, signify by raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: The motion does carry. Why don't we 19 take about a 15-minute recess, and we'll wind up the rest of 20 the business. 21 (Recess taken from 10:25 a.m. to 10:40 a.m.) 22 - - - - - - - - - - 23 JUDGE TINLEY: Okay, let's come back to order, if 24 we might. We were on our recess. Why don't we go to Section 25 4 of the agenda. 6-25-12 63 1 COMMISSIONER BALDWIN: Okay. 2 JUDGE TINLEY: I believe, other than executive 3 session items, why, that's where we are. Payment of the 4 bills. 5 COMMISSIONER BALDWIN: Judge, I'd like to make a 6 motion. 7 JUDGE TINLEY: You may. 8 COMMISSIONER BALDWIN: I move that we pay the 9 bills. 10 COMMISSIONER LETZ: Second. 11 JUDGE TINLEY: We have a motion and second to pay 12 the bills. Question or discussion? All in favor of the 13 motion, signify by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: The motion carries. Budget 18 amendments. I've been presented with Budget Amendment 19 Requests Numbers 1 through 3, under date of 25 June. Do I 20 hear a motion that the requested amendments be approved as 21 presented? 22 COMMISSIONER LETZ: So moved. 23 COMMISSIONER OEHLER: Second. 24 JUDGE TINLEY: Motion made and seconded for 25 approval of Budget Amendments 1 through 3, dated 25 June, be 6-25-12 64 1 approved as requested. Further question or discussion? All 2 in favor, signify by raising your right hand. 3 (The motion carried by unanimous vote.) 4 JUDGE TINLEY: All opposed, same sign. 5 (No response.) 6 JUDGE TINLEY: Motion carries. Late bills. We've 7 got several late bills. I'm not sure what A.L.M. is. 8 MS. HARGIS: These are the County Clerk's bills. 9 JUDGE TINLEY: Okay. 10 MS. HARGIS: They didn't come in until late -- late 11 Thursday, and we wanted to get them in. 12 JUDGE TINLEY: Okay. The -- 13 COMMISSIONER BALDWIN: I don't have a copy. Would 14 you say that again, please? 15 MS. HARGIS: The County Clerk didn't bring her 16 bills down until late on Thursday. 17 COMMISSIONER BALDWIN: When is she supposed to 18 bring them down? 19 MS. HARGIS: Monday. They're supposed to be in, 20 actually, on the Friday before. 21 COMMISSIONER BALDWIN: And she brought them on 22 Thursday? 23 MS. HARGIS: Mm-hmm. 24 COMMISSIONER BALDWIN: And so that's because -- 25 that's why we have this? 6-25-12 65 1 MS. HARGIS: Because we close out the report. It's 2 a huge process to close it out, and once it's closed, we 3 can't reenter. But we wanted to be sure these bills got 4 paid; otherwise, they would incur late fees if we went any 5 longer, some of them. 6 JUDGE TINLEY: And a lot of them are paying 7 lawyers, too. 8 COMMISSIONER BALDWIN: I'm seeing that. 9 JUDGE TINLEY: Which I knew you'd want to do. 10 COMMISSIONER BALDWIN: I am seeing that. I just 11 can't believe it. 12 COMMISSIONER OEHLER: Mostly lawyers, the way it 13 looks to me. 14 COMMISSIONER OVERBY: That's what it is. 15 COMMISSIONER BALDWIN: This county can't afford 16 these lawyers, I'm telling you. That's all it is. 17 MR. HENNEKE: Nothing wrong with lawyers. 18 COMMISSIONER BALDWIN: $11,000 worth of lawyers. 19 COMMISSIONER OEHLER: That's supposed to be at the 20 reduced rate, right? 21 COMMISSIONER OVERBY: Yeah. 22 JUDGE TINLEY: Okay. Do I hear a motion that the I 23 late bills as presented be approved? 24 COMMISSIONER OVERBY: Motion to approve. 25 COMMISSIONER OEHLER: Second. 6-25-12 66 1 JUDGE TINLEY: Motion made and seconded. Question 2 or discussion? All in favor, signify by raising your right 3 hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: Motion carries. Reports? I've been 8 presented with monthly reports from Justice of the Peace, 9 Precinct 1, for May 2012; Justice of the Peace, Precinct 2, 10 for May 2012; Justice of the Peace, Precinct 4, for May 2012; 11 County Treasurer, May 2012; and Road and Bridge, May 2012. 12 Do I hear a motion that the indicated reports be approved as 13 presented? 14 COMMISSIONER OEHLER: Move approval. 15 COMMISSIONER LETZ: Second. 16 JUDGE TINLEY: Motion made and seconded that the 17 indicated reports be approved as presented. Question or 18 discussion? All in favor, signify by raising your right 19 hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: Motion does carry. Okay, reports 24 from Commissioners in connection with their liaison or 25 committee assignments. Commissioner Baldwin, do you have 6-25-12 67 1 anything? 2 COMMISSIONER BALDWIN: No, sir, thank you. 3 JUDGE TINLEY: All right. Commissioner Overby? 4 COMMISSIONER OVERBY: I'll be at AACOG meetings all 5 day on Wednesday this week, so that's our monthly meeting 6 down there, so I'll be down there this week. 7 JUDGE TINLEY: All right. Anything else? 8 COMMISSIONER OVERBY: That's it. 9 JUDGE TINLEY: Commissioner Letz? 10 COMMISSIONER LETZ: I think I've already covered 11 everything, sir. 12 JUDGE TINLEY: Commissioner Oehler? 13 COMMISSIONER OEHLER: I did meet with the new 14 employee that we authorized for Environmental Health to 15 replace an open position this morning. Very pleasant lady, 16 and look forward to working with her. And I think she's glad 17 to be here, which is a good thing. 18 JUDGE TINLEY: All right. 19 COMMISSIONER OEHLER: That's it. 20 JUDGE TINLEY: That's it? Reports from elected 21 officials or department heads? Starting over here. 22 COMMISSIONER OEHLER: Sheriff's not here. 23 COMMISSIONER LETZ: I've noticed that. It's quiet. 24 MS. HARGIS: He's quiet. 25 JUDGE TINLEY: We're moving right along, too. Did 6-25-12 68 1 you notice that? 2 MS. HARGIS: I just wanted to compliment 3 Commissioner Oehler on the Divide Fire Department. That was 4 a really great event, if you didn't go. If you didn't go 5 this year, you need to go next year. It's a long ways to 6 travel, but it's a great event and a lot of fun. And a lot 7 of -- a lot of folks out there depend on that fire 8 department, and I heard from a lot of people I didn't know 9 who said that, you know, they were there to support them, and 10 that they had helped them save their house or their ranches 11 or something at some point in time. So, it's a good group. 12 To make that kind of money in a volunteer fire department 13 today, that's pretty remarkable, so pretty great deal. 14 JUDGE TINLEY: How was -- how was the grub? How 15 was the cooking? 16 MS. HARGIS: The food was very good. He said there 17 was some of it that wasn't, but my husband, being a heart 18 patient, doesn't eat beef, and he got a very small piece of 19 beef and he ate the whole thing; said it's the best steak he 20 ever had. So, we enjoyed it. There was a lot of good 21 company there. I do want to point out to you guys in the 22 bills that we did pay TexDOT 350,000. And the bills are 23 rather large this time, and we also paid some of our capital 24 items, so I just wanted to make y'all aware of that, okay? 25 JUDGE TINLEY: Okay. County Attorney? 6-25-12 69 1 MR. HENNEKE: No, thank you. 2 JUDGE TINLEY: Good gracious alive. Let's go into 3 our executive session items at this time. It's 10:51. We 4 will go out of closed or -- public or open session for the 5 purpose of going into executive or closed session. 6 (The open session was closed at 10:51 a.m., and an executive session was held, the transcript of which 7 is contained in a separate document.) 8 - - - - - - - - - - 9 JUDGE TINLEY: Okay. It is 11:23; we are back in 10 open or public session. Does any member of the Court have 11 anything to offer with respect to matters considered in 12 executive or closed session? 13 COMMISSIONER LETZ: Judge, on Item 1.19, I'll make 14 a motion that we direct the County Attorney to cancel the 15 lease with Eloisa Cabral -- I think that's how you say her 16 name -- concerning the renting of the Hill Country Youth 17 Exhibit Center. 18 MR. HENNEKE: If there's a -- a cost associated 19 with use of the River Star facility, if it's available, 20 would -- is the motion to cover that cost? 21 COMMISSIONER LETZ: The answer is yes, but how do 22 we put that in the motion without knowing the amount? 23 MR. HENNEKE: Well, we'd have to check and see, 24 one, if it's available, and two, if they won't waive the 25 fees, what the cost is. I guess -- 6-25-12 70 1 COMMISSIONER LETZ: I guess part of the motion is 2 that -- 3 MR. HENNEKE: You could do up to $500. 4 COMMISSIONER LETZ: Yeah. We'll inquire if there's 5 availability at the River Star pavilion, and the County would 6 try to get that facility at no cost, but if there is a cost 7 associated with it, authorize payment up to $500. 8 MR. HENNEKE: And that would be -- that would be as 9 a settlement and release of any and all claims arising out of 10 the existing lease. 11 JUDGE TINLEY: Correct. 12 MR. HENNEKE: And -- 13 COMMISSIONER OEHLER: Second. 14 JUDGE TINLEY: Motion made and seconded as 15 indicated. Further question or discussion on that motion? 16 All in favor of the motion, signify by raising your right 17 hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: That motion does carry. With regard 22 to Item 15, the matter set for 11:45, I notice that we have 23 some folks here. I assume we're going to have a number of 24 scouts here? 25 MR. PARKS: Should. 6-25-12 71 1 JUDGE TINLEY: Okay. We don't want to do this 2 without them, do we? 3 MR. PARKS: I haven't seen them yet. I'll take a 4 look and see if any of them are out there. 5 JUDGE TINLEY: Okay. 6 (Discussion off the record.) 7 MR. PARKS: Your Honor, they're not out there yet. 8 They may have just been waiting till 11:45. 9 JUDGE TINLEY: Okay. 10 COMMISSIONER LETZ: We'll wait. 11 JUDGE TINLEY: We'll just kind of stand at ease. 12 We'll be in recess until more participants get here. Then 13 we'll take up your matter. Thank you. 14 (Recess taken from 11:27 a.m. to 11:42 a.m.) 15 - - - - - - - - - - 16 JUDGE TINLEY: Okay, let's come become to order, if 17 we might. The remaining item on the agenda is Item 15, an 18 11:45 timed item, presentation of certificates to members of 19 the Troop 60 Boy Scouts for their work on the Kerr County 20 Historical Commission's Marker Restoration Project. The 21 notation here is also that one Eagle Scout will be receiving 22 his badge. Mr. Paul Parks is here with us from the 23 Historical Commission, and I -- 24 MR. PARKS: Your Honor, I just talked to the 25 scoutmaster, and he has had personal problems. His wife had 6-25-12 72 1 some surgery, and -- and it just got away from him, and so it 2 hasn't been set up with the boys from him, because he's the 3 one that has to do that with -- for the boys. 4 JUDGE TINLEY: Okay. 5 MR. PARKS: To plan that. So, I would recommend 6 that we postpone this until the next -- whatever the next 7 available meeting would be. 8 JUDGE TINLEY: We'll put this on a future agenda, 9 'cause we want those young people here so we can recognize 10 them. 11 MR. PARKS: And, you know, they've done a good job. 12 They did nine of these markers, and so we -- we certainly 13 want to recognize them. 14 JUDGE TINLEY: All right. Thank you, Mr. Parks. 15 MR. PARKS: Thank you. 16 JUDGE TINLEY: We'll pass that matter and place it 17 on a future agenda. Anything else to come before the Court 18 here today? Hearing nothing further, we're adjourned. 19 (Commissioners Court adjourned at 11:43 a.m.) 20 - - - - - - - - - - 21 22 23 24 25 6-25-12 73 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 official reporter for the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 27th day of June, 2012. 8 9 JANNETT PIEPER, Kerr County Clerk 10 BY: _________________________________ Kathy Banik, Deputy County Clerk 11 Certified Shorthand Reporter 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6-25-12