1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, October 22, 2012 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 PRESENT: PAT TINLEY, Kerr County Judge 23 H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 JONATHAN LETZ, Commissioner Pct. 3 24 BRUCE OEHLER, Commissioner Pct. 4 25 ABSENT: GUY R. OVERBY, Commissioner Pct. 2 2 1 I N D E X October 22, 2012 2 PAGE --- Visitors' Input 6 3 --- Commissioners' Comments 13 4 1.1 Consider/discuss, take appropriate action on request from Christmas Lighting Corporation to 5 place a concrete pad on courthouse lawn for new tree display, move location of the gazebo and 6 any other items related to lighting of the courthouse for the 2012 Christmas season 16 7 1.2 Consider/discuss, take appropriate action to 8 award the bids on electrical, plumbing, HVAC, and pest control services 37 9 1.5 Consider/discuss, take appropriate action on 10 request from Impact Ministries to be added to the nonprofit list for use of Union Church 11 building in order to receive reduced rate on the rental fees 39 12 1.6 Consider/discuss, take appropriate action to 13 approve resolution in support of Headwaters Upper Guadalupe River Water Supply Enhancement Project 42 14 1.7 Update on Lions Park 46 15 1.3 Consider/discuss, take appropriate action to 16 appoint Kellie Early as a member of Kerr County Child Services Board 50 17 1.4 Consider/discuss, take appropriate action to 18 appoint Judge Tinley as Kerr County AACOG representative 50 19 1.8 Consider/discuss, take appropriate action to 20 ratify changes approved by previous court orders for show barn at Hill Country Youth Event Center 21 including, but not limited to: PR001 to delete skylights and replace with PBR roof panel; PR002 22 to add Knox Box 3200 Series; PR003 to revise fire water line from 6” to 8”, PR005 to add hairpin 23 reinforcing, and allow County Judge to sign same 51 24 1.9 Consider/discuss, take appropriate action on change orders for show barn at the Hill Country 25 Youth Event Center as recommended by the architect; allow County Judge to sign same 54 3 1 I N D E X (Continued) October 22, 2012 2 PAGE 3 1.10 Consider/discuss, take appropriate action to give Nicole Golden educational step increase 61 4 1.11 Consider/discuss, take appropriate action to 5 approve audit required by Article 59.06, Code of Criminal Procedure, and the FY 2012 Chapter 6 59 Asset Forfeiture Report to be true & correct and contain all required information; signed by 7 County Judge and 198th District Attorney 65 8 1.12 Consider/discuss, take appropriate action to approve audit required by Article 59.06, Code 9 of Criminal Procedure, and the FY 2012 Chapter 59 Asset Forfeiture Report to be true & correct 10 and contain all required information; signed by County Judge and 216th District Attorney 68 11 1.13 Consider/discuss, take appropriate action to 12 approve official bond of Kerr County Precinct 2 Commissioner–elect Thomas L. Moser to become 13 effective upon his swearing in at a later date 68 14 1.14 Consider/discuss, take appropriate action on FY 2012 Chapter 59 Asset Forfeiture Reports for 15 Constable, Precinct 3, as required by Article 59.06, Code of Criminal Procedure 70 16 1.15 Consider/discuss, take appropriate action to 17 approve contracts with Divide VFD, Ingram VFD, Castle Lake VFD, K’Star, Kerr Economic Development 18 Corporation, and allow County Judge to sign same 71 19 1.16 Consider/discuss, take appropriate action to approve 2013 resolution for Indigent Defense 20 Grant program, authorize County Judge to sign resolution 71 21 4.1 Pay Bills 72 22 4.2 Budget Amendments 75 4.3 Late Bills -- 23 4.4 Approve and Accept Monthly Reports 76 24 5.1 Reports from Commissioners/Liaison Committee Assignments 77 25 5.2 Reports from Elected Officials/Department Heads 83 4 1 I N D E X (Continued) October 22, 2012 2 PAGE 3 1.17 Consider/discuss, take appropriate action to purchase 2009 Ford Escape to be used as a 4 courthouse vehicle 87 5 --- Adjourned 97 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 1 On Monday, October 22, 2012, at 9:00 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regular meeting of the Kerr County 9 Commissioners Court posted and scheduled for this date and 10 time, Monday, October 22nd, 2012, at 9 a.m. It is that time 11 now. Commissioner Letz? 12 COMMISSIONER LETZ: Yes, please stand and join me 13 in a moment of prayer followed by the pledge of allegiance. 14 (Prayer and pledge of allegiance.) 15 JUDGE TINLEY: Thank you. Be seated, please. At 16 this time, if there's any member of the public that wishes to 17 be heard on any matter which is not a listed agenda item, 18 this is your opportunity to come forward and tell us what's 19 on your mind. If you wish to be heard on an agenda item, we 20 would ask that you would wait until that agenda item is 21 called, and hopefully fill out a participation form. There 22 should be some located at the rear of the room. If not, when 23 we get to that agenda item and you wish to be heard, get my 24 attention in some manner; I will give you the opportunity to 25 be heard. But right now, if there's any member of the 10-22-12 6 1 audience or public that wishes to be heard on a matter which 2 is not a listed agenda item, this is your opportunity to come 3 forward and tell us what's on your mind. 4 COMMISSIONER BALDWIN: Yes, Clarabelle has 5 something to say. 6 MS. SNODGRASS: I can't understand him. Did he say 7 me? 8 COMMISSIONER BALDWIN: You're up. It's your turn. 9 MS. SNODGRASS: Sorry. 10 JUDGE TINLEY: Excuse me, I didn't complete what I 11 had to say. 12 COMMISSIONER BALDWIN: I'm sorry. 13 JUDGE TINLEY: I understand Ms. Clarabelle 14 Snodgrass had some things she wanted to bring to our 15 attention. 16 COMMISSIONER BALDWIN: Forgive me. That's our 17 birthday girl. 18 AUDIENCE: Right, happy birthday. 19 MS. SNODGRASS: Thank you very, very much. And 20 thank you for having me to -- letting me come in here this 21 morning. And I want to first thank everyone who worked out 22 there at the Turtle Creek School and cleaned up the cemetery 23 and the grounds and painted the building and put a new floor 24 in, and it's beautiful. And to think that it's been there 25 all these years, and my grandfather was one of the ones that 10-22-12 7 1 helped, by ox wagon, carry lumber from San Antonio to build 2 that building in 1884. So, of course, it's a very special 3 spot to me. And I want to thank Buster for doing so much 4 work out there. Thanks. So, in that regard, I had asked 5 people -- well, they said they're going to finish it up for 6 my birthday, and I said, "Oh, well, okay." So, I don't know 7 whether I'll make to it 100 or not, so I just decided to have 8 my 99th. So, it turned out to be real fun. (Laughter.) 9 And so through that, I had asked some people -- or 10 told some people that it would be nice, instead of bringing 11 me an expensive birthday card, to donate some money out there 12 to the -- for the building fund or whatever they need to use 13 it for. So, I did -- they did, so today I'll hand over, 14 Buster, $585 that I got that afternoon. And if I'd have had 15 a chance, or if I could have gotten around a little more, we 16 should have gotten twice that much, but I didn't get a chance 17 to talk to everybody that came. But, anyway, I want to 18 give -- give that to you, and here it is. (Applause.) Thank 19 you so much. Also, wait just a minute, Buster. I also have 20 put together two albums. One is about the Turtle Creek 21 School, and these are clippings and different things that 22 happened out there I've kept through the years, so I've fixed 23 an album of that. These pages are all, you know, sealed in. 24 And I also fixed another one for the Turtle -- 25 Turtle Creek sewing club -- sewing circle that was organized 10-22-12 8 1 in 1926, and the -- one of the ladies out there brought me 2 the excerpts from the minutes of all those years with all the 3 original members that joined it, the charter members, which 4 my mother and my sister were in that. I was about 13 then, 5 so I didn't -- I wasn't a charter member, but I did go some 6 to it. But I do have the minutes of that. And I even have 7 the latest picture of me and my great granddaughters. My 8 only daughter, my only granddaughter, and my five great 9 granddaughters were all there that day. And I have a picture 10 that Irene Van Winkle did, and it's in here also. We want to 11 present these to you, and ask that they be put into the 12 Heritage Center for safekeeping. It would be nice if they 13 were out at the Turtle Creek School, but I think it would be 14 safer if they'd be here at the Heritage Center. And I may 15 add some more to these, and I can go down there and do that 16 sometime. 17 COMMISSIONER BALDWIN: I'll take care of it. 18 MS. SNODGRASS: Take care of it for me, please. 19 COMMISSIONER BALDWIN: Yes, ma'am. 20 MS. SNODGRASS: Thank you very much. 21 COMMISSIONER BALDWIN: Thank you, Clarabelle. We 22 thank you so much. (Applause.) 23 MS. SNODGRASS: And I'll bid you adieu. 24 JUDGE TINLEY: Thank you very much, and happy 25 birthday, Clarabelle. 10-22-12 9 1 MS. SNODGRASS: Thank you so much. 2 JUDGE TINLEY: You come see us any time. 3 MS. SNODGRASS: Thank you. I'd love to; I just 4 don't drive any more. 5 JUDGE TINLEY: Any other -- any other member of the 6 audience or public that wishes to be heard on any matter 7 which is not a listed agenda item? Yes, ma'am? Come forward 8 and give us your -- give us your name and your address and 9 tell us what's on your mind. Looks like you got some friends 10 with you. 11 MS. MAXWELL: I do. My name is Kathleen Maxwell, 12 and I'm with B.C.F.S. Health and Human Services, and we serve 13 at-risk youth in our community. This is Jeremy Taylor; he's 14 the associate executive director of our organization. And I 15 just wanted to tell you about a community project. This is a 16 new transition center that will be located right down here 17 two blocks east on the nonprofit block. It will be the home 18 of the new Kerrville Transition Center. It will also be the 19 home of four other nonprofits; Art-to-Heart, Families and 20 Literacy, Pregnancy Resource Center -- and what did I forget? 21 AUDIENCE: Big Brothers/Big Sisters? 22 MR. TAYLOR: They're there already. 23 AUDIENCE: Partners -- 24 MS. MAXWELL: Partners in Ministry's Vision Youth. 25 Thank you so much. So, it will be home for four nonprofits. 10-22-12 10 1 And I just wanted to challenge the Court to -- Commissioners 2 Court to be behind this project in a very special way. 3 B.C.F.S. Kerrville Transition Center has been selected for 4 the Polar Bear Challenge at Mo Ranch, which will be coming up 5 on January 1st, and what a fabulous way for you to serve in a 6 special way your community, by sliding down -- I'm issuing 7 you this invitation. We could have a Kerr County 8 Commissioners Court team that would slide down the Mo Ranch 9 slide to help the poor, the needy, the neglected, the youth 10 of our community that are your future. Just let me challenge 11 you. And I don't know if you're aware or not, but -- and you 12 might turn this around so they can see this wonderful 13 project -- thank you -- and the bear here. I don't know if 14 you're aware or not, but the illustrious Buster Baldwin is 15 going to slide. And, Judge Tinley, I know you would not want 16 to be shown up by Buster Baldwin. (Laughter.) And I know 17 that Jonathan Letz -- you know, your community needs you. 18 And Bruce Oehler, you've been here forever, okay? You're -- 19 you're an icon. So you too can slide down the Mo Ranch 20 slide. And -- 21 COMMISSIONER OEHLER: How much does it cost not to 22 slide? (Laughter.) 23 MS. MAXWELL: You know, that can be arranged. That 24 can be arranged, and I can get your picture with the polar 25 bear for your contribution of -- of any -- 10-22-12 11 1 COMMISSIONER OEHLER: I just want to know if 2 there's an alternative here. 3 MS. MAXWELL: There is. But I think Buster Baldwin 4 is going to be in a Speedo, so -- and you may want to come 5 out. (Laughter.) 6 COMMISSIONER OEHLER: Ain't no future in that. 7 (Laughter.) 8 MS. MAXWELL: So, I have folders here. 9 Mr. Baldwin? 10 JUDGE TINLEY: Yes, ma'am. Thank you so much. 11 MS. MAXWELL: Yes. And, Judge Tinley, I have your 12 folder. 13 JUDGE TINLEY: Thank you. Thank you. You 14 wouldn't -- you wouldn't strong-arm folks or shame them, 15 would you? 16 MS. MAXWELL: Not -- not at all. 17 JUDGE TINLEY: I didn't think so. 18 MS. MAXWELL: Not at all. And, Mr. Letz, your 19 folder. 20 COMMISSIONER BALDWIN: Here you go. 21 COMMISSIONER OEHLER: Might as well give me mine. 22 MS. MAXWELL: And here's yours. 23 COMMISSIONER OEHLER: Thank you. 24 MS. MAXWELL: So, the challenge to you is really -- 25 it is -- and all fun aside, it is a fabulous project. It's 10-22-12 12 1 something that's going to benefit our community by cutting 2 the crime rate, the illiteracy. B.C.F.S. has been 3 established here. We've grown exponentially in the last five 4 years. Last year we served 400 at-risk youth. This year 5 we've already served 1,100, so there's a definite need for 6 our services. And Jeremy -- 7 (Low-voice discussion off the record.) 8 COMMISSIONER OEHLER: I was going to remind you, 9 there's another person. 10 MS. MAXWELL: Oh, my goodness. 11 COMMISSIONER OEHLER: Don't forget Rob. 12 MS. MAXWELL: I would not think of it. You can 13 even be the team -- you can be the team leader. 14 MR. HENNEKE: I'm not a member of the Commissioners 15 Court, but I firmly support Commissioner Oehler. I'll put up 16 a -- 17 MS. MAXWELL: Any way you want. 18 MR. HENNEKE: Pass the hat around on that. 19 MS. MAXWELL: Buster Baldwin is vying to be the 20 Polar Bear King, and that crown will be December 13th, so you 21 may not want to miss that. Thank you. 22 JUDGE TINLEY: How do we determine who the king is? 23 Is that whoever gets the most pledges? 24 MS. MAXWELL: Whoever gets the most pledges, yeah. 25 COMMISSIONER OEHLER: It's not whoever might be the 10-22-12 13 1 largest polar bear? (Laughter.) 2 MS. MAXWELL: No, sir. 3 COMMISSIONER OEHLER: Okay. 4 MS. MAXWELL: No, sir. 5 COMMISSIONER BALDWIN: I believe she's drinking 6 again. 7 MS. MAXWELL: Thank you for your time. 8 JUDGE TINLEY: Thank you, ma'am. 9 COMMISSIONER BALDWIN: Thank you. Lord have mercy. 10 JUDGE TINLEY: Anybody else have any joyous words 11 for us here this morning that don't relate to an agenda item? 12 Thank you, Jeremy. Okay, we'll move on. Commissioner Letz, 13 have you got anything for us this morning? 14 COMMISSIONER LETZ: Just a couple of quick things. 15 Last week we had our preliminary meeting with the Water 16 Development Board relating to East Kerr County wastewater 17 grant. They came down here and told us how we're supposed to 18 do things. We listened and nodded, and we're off and running 19 on that one. The other thing, I guess last Thursday I was 20 asked to go to Austin for the -- a settlement meeting with 21 Aqua Texas, and along with some representatives from Kerr 22 County, Gillespie County. Unfortunately, no one told Aqua 23 Texas that we were there for a settlement conference; 24 therefore, we didn't settle anything. Which was a bit of a 25 surprise, I think, to Representative Hilderbran and his 10-22-12 14 1 staff. And Aqua Texas' response was mediation is set up for 2 this morning in Austin, and they will see everyone at 3 mediation this morning. So, that's where that went. The 4 mayor was there as well; I appreciate him coming to help 5 guide the meeting, but we didn't -- it wasn't able to -- 6 couldn't get a settlement there, but hopefully they will have 7 some success today and we will be treated a little bit better 8 than they want to treat us. That's about it. 9 JUDGE TINLEY: Commissioner Oehler? 10 COMMISSIONER OEHLER: Well, if anybody's passed by 11 the new snow barn, you can see that there's steel going up, 12 and it should continue to progress very quickly. Big crew 13 out there working, and starting to finally see something to 14 come up above ground level, and real excited about all that. 15 And they've been working on Phase 2 a little bit to try to 16 get some plans done for that. That will come to the Court 17 for approval whenever it's time to do that, and make sure 18 that everybody's on the same -- same page. 19 JUDGE TINLEY: Are we on schedule? 20 COMMISSIONER OEHLER: We're on schedule. Still a 21 week ahead, from what I know. Which is good, because you 22 never know what's going to happen during the process. 23 Anyway, there's some other things on the agenda we'll talk 24 about later, but anyway, we're progressing. 25 JUDGE TINLEY: Is that it? 10-22-12 15 1 COMMISSIONER OEHLER: That's it. 2 JUDGE TINLEY: Commissioner Baldwin? 3 COMMISSIONER BALDWIN: Yes, sir. Last week I went 4 out in the public sector and stuck my finger in a pile, 5 and -- regarding the ESD, and one thing -- I uncovered 6 something I thought was very, very interesting. I took a 7 look -- I came back and took a look at ESD Number 1, the fire 8 ESD in Ingram, and what I found out there is that -- and I 9 was here; I made the motion to appoint and set that thing up 10 many years ago. And I found that when they started it up, 11 they started it up with a little bit -- just a fraction over 12 two cents per $100 value. That has not moved anywhere in 22 13 years, and that just has to mean that the people that we have 14 asked to serve on that board are people of integrity, 15 strength, courage, and just good neighbors that understand 16 and care for their neighbors. So, I just -- that's all I 17 wanted to say about it. You know, there's a -- there's a lot 18 of people talking about the ESD that we've been -- the 19 county-wide ESD Number 3, it having a board of directors that 20 are not elected. "No, my god, we can't do that." But we've 21 done that, and it's been extremely successful out in Ingram. 22 Extremely successful. That's all I wanted to say. Thank 23 you. 24 JUDGE TINLEY: But no complaints about the ones 25 that have been on that board for 22 years? 10-22-12 16 1 COMMISSIONER BALDWIN: No, didn't hear much about 2 that. 3 JUDGE TINLEY: Okay. I'm curious to know what sort 4 of leverage Kathleen Maxwell may have with reference to 5 Commissioner 1 to put him in that sort of a position. 6 COMMISSIONER BALDWIN: Well, I have a wife -- 7 JUDGE TINLEY: I see. 8 COMMISSIONER BALDWIN: -- that -- you know, that 9 lets me sleep in the house occasionally. 10 JUDGE TINLEY: I see, okay. 11 COMMISSIONER BALDWIN: I'd like to do that now that 12 it's wintertime and everything. 13 JUDGE TINLEY: Well, that's using good judgment, I 14 think. 15 COMMISSIONER BALDWIN: Yeah, it is. 16 JUDGE TINLEY: All right. Let's get on with our 17 agenda, if we might. The first item on the agenda is to 18 consider, discuss, take appropriate action on a request from 19 the Christmas Lighting Corporation to place a concrete pad on 20 the courthouse lawn for new tree display, move the location 21 of the gazebo and any other items related to the lighting of 22 the courthouse for 2012 Christmas season. Mr. Eychner? 23 Mr. Bond? 24 MR. BOND: Morning. 25 MR. EYCHNER: Morning, Judge. First of all, let me 10-22-12 17 1 thank you for the time and attention that you've put on this. 2 We think it's real important. And it's a nonprofit; there's 3 nobody getting anything out of it. It's strictly a community 4 -- community effort. Also, we have several supporters in the 5 audience here; if there's any questions that arise, that we'd 6 be able to field most anything. But, actually, we have a 7 two-part request for you today, and hopefully each of you 8 have this talking paper that I gave you. The first is to 9 remove the Frances Lehmann memorial gazebo that is out here 10 on the south -- west corner of the courthouse lawn. And the 11 first attachment you have is a hand-written permission slip 12 from Gene and Ruth Lehmann to allow that to happen. And 13 it's -- and I want to thank Lynda Ables for making that 14 happen. And so that part is -- is taken care of. The second 15 is, we'd like -- our proposal is that we relocate the gazebo 16 back here in the corner by the Commissioners Court entrance, 17 near the cannon, and the second attachment you have is kind 18 of an idea of what that would look like. It's a photo shop 19 of the gazebo in there. The gazebo's 20 foot across. 20 There's probably about -- I don't know. Do you remember how 21 wide the area is? 28, 30 feet? 22 MR. FREED: It's 20 feet total here. 23 MR. EYCHNER: The pad -- 24 MR. FREED: The whole concrete pad will be 25 20-by-20, the gazebo being the -- 10-22-12 18 1 MR. BOND: This is not 20 feet. The pad's 20 feet. 2 MR. EYCHNER: The total area between the sidewalk 3 and the cannon. 4 MR. FREED: Oh, I'm sorry. Approximately 8 feet. 5 MR. EYCHNER: So, it's centered. It's -- and I 6 talked to Commissioner Letz about that, and he had some 7 concerns about the -- the amount of space that was in there, 8 but we feel it would be adequate. That it also would -- 9 would be used by city employees -- or county employees and -- 10 and people wanting to go out and have a smoke break or cup of 11 coffee; that it gets them out of the sun, and it will 12 actually be used. Where it is right now, it's more of a -- a 13 monument than it is a usable facility. And so that's the 14 first thing we'd like to get your approval on. There's one 15 to be able to move it, and then two, to move it to that site 16 there. That's for your consideration. Then the third aspect 17 is, Mick Freed will be doing the work, both to construct the 18 pad -- it will be a duplicate of the pad that's out there on 19 the corner now -- and then demo the existing pad, and then 20 approximately 2 and a half feet in front of where the pad is 21 now, we'll put the Rotary tree base circle there. And so 22 that's the second -- second thing. 23 We've not gone out for bids on that yet, but the 24 Rotary will pay the total price for construction of that pad. 25 We have -- the Cailloux Foundation has generously stepped in 10-22-12 19 1 to pay for the demolition and reconstruction of the pad for 2 the gazebo, and so all the costs are covered responsibly, we 3 feel. And then just for your information, just to give you 4 an idea of the amount of support we've had for this project, 5 the last page is the list of donors, both from the city 6 businesses that we're going to be lighting and the people 7 who've donated toward the tree. So, I'll be happy to -- Kyle 8 Bond's here. He has been an integral member of the 9 committee, and be happy to answer any questions you might 10 have. 11 COMMISSIONER LETZ: I'll start out with a comment 12 that I mentioned to you on Friday, I believe -- Thursday or 13 Friday when we were out there. You know, as you -- as I said 14 at the last court meeting, I don't have a problem if y'all 15 want to move the gazebo, moving it, but I do have a problem 16 with that location, and to me it's not acceptable. It's 17 crowded right there. My biggest concern has been all along 18 that we take time, don't throw things up quickly on the 19 courthouse square. When things get built, they will be here 20 pretty much forever, and I think that is not a good location 21 for it. And as I told you the other day, moving it further 22 out towards that open area kind of towards Earl Garrett and 23 Main Street is a -- you know, the only location I'll vote for 24 to move the gazebo from where it is. I just don't think it 25 works where y'all want to put it. 10-22-12 20 1 JUDGE TINLEY: I -- I was under the distinct 2 impression that we had achieved a solution at our last 3 meeting, at least for the immediate time being, when -- when 4 the arrangement was a clear consensus, I thought, that on a 5 temporary basis, without pouring the base and so forth this 6 year, it would be located out on the Main Street/Earl Garrett 7 corner, out close to where we took that tree down. With the 8 idea in mind that that would give us an opportunity -- that 9 was temporary for this year only, and would give us an 10 opportunity to really take a close look at the overall 11 courthouse grounds as it fronts out on Main Street to see how 12 we really want to do this thing going forward, after some 13 deliberate thought and planning. Right now, you know, 14 Thanksgiving is early this year, and we have less than four 15 weeks to accomplish what you're suggesting. The last thing I 16 want to see is for our courthouse grounds to be in a turmoil, 17 excavated, torn up. We've got electrical lines out there 18 that have got to be considered underground, some of which you 19 know about, some of which we may not know about. Same thing 20 with water lines out there. We heard suggestions initially 21 about maybe, as part and parcel of this whole process of a 22 paver program where folks could acquire or subscribe to 23 pavers to recognize maybe their loved ones or some other 24 purpose. That -- that's something that will take a while. 25 I -- I'm just really concerned about -- about trying to do 10-22-12 21 1 something of this magnitude this late in the game after we 2 achieved what I thought was at least a temporary solution, 3 with the idea in mind that we'd all put our heads together 4 and see how we would do this on a go-forward basis. 5 MR. EYCHNER: Do you want to speak to that? 6 JUDGE TINLEY: The -- on the issue of moving the 7 gazebo, you know, as a matter of principle, I have some 8 reluctance to -- to buy into the moving of any memorial once 9 it's been established. I just think it's -- I just think 10 once you establish a memorial, it ought to be left alone. I 11 appreciate the Lehmann family giving their consent, and 12 knowing those folks, I think they want to be part of what's 13 the overall best solution. I don't think what you've 14 proposed is necessarily the best solution. So, I'm back to 15 where we were two weeks ago, and with the idea in mind that 16 we go forward from that point and try and come up with a real 17 well thought out plan for the entire courthouse grounds out 18 there in front. 19 MR. BOND: Judge, I was driving through town this 20 last weekend, and as we have been going through this process, 21 obviously, we've given this a lot of thought. A lot of money 22 and a lot of effort's been put into getting this done the 23 right way. And I agree with you; we need to plan it. I 24 think the timeline is a little short for us to get that pad 25 built this year. You -- the idea occurred to me as I was 10-22-12 22 1 driving by that this is almost like me getting a new piece of 2 furniture in my living room. We've all bought new furniture 3 for our homes at one time or another. This is a nice, new 4 piece of furniture for the front yard of this courthouse. 5 The Rotary is paying to have it added. Sometimes you get a 6 new piece of furniture and you got to rearrange your living 7 room a little bit. 8 I agree with you on memorials; I'm not trying to be 9 disparaging towards that at all. The Lehmann family and 10 Cailloux family have talked together, and Lynda Ables as 11 well, and they've come up with what they believe is a new 12 solution. The Ables -- or, I mean, the Lehmanns always 13 wanted that gazebo to be used as much as possible. Where 14 that exact location is I think is up for debate, as to 15 whether it's back here by the cannon or a little further off. 16 And I agree with Mr. Letz about getting something that's 17 symmetrical so when we look at the front of the courthouse, 18 we've got something that kind of balances that front yard. 19 Where that thing lands I think probably the Lehmann family is 20 open to discussion about. But ultimately, the front Sidney 21 Baker main corner is where we all believe the Christmas tree, 22 that we believe will be an economic engine for downtown, 23 should sit to draw the most attention into that space. 24 The visibility factor there is quite a bit better 25 than it is over here on this side. And when we brought it 10-22-12 23 1 out to our committee after the four of us discussed it -- 2 we're only two voices -- we had a resounding response back 3 from the club or the committee that -- that believes strongly 4 that we really want to have it out there on the Sidney Baker 5 corner. Recognizing, of course, that there are already some 6 things over there. So, if we can consider this, and remember 7 that this new Rotary pad, once it's constructed, is going to 8 be a beautiful new addition out there during the off-season. 9 Two months of the year we'll have a nice Christmas tree 10 sitting on it, but the rest of the year it will be a 11 beautiful new place for people to gather and use for whatever 12 purpose. I think that piece of furniture will look pleasant, 13 appealing, and -- 14 COMMISSIONER BALDWIN: If we can find a suitable 15 location for that gazebo to sit. So, you know, just 16 understanding your point, and I recognize what you're saying. 17 I agree. 18 JUDGE TINLEY: Sometimes when you put that new -- 19 take that new piece of furniture home and you put it in your 20 home, after some passage of time you say, "Well, we really 21 need to rearrange this and move it somewhere else." 22 MR. BOND: Kind of hard to move. 23 JUDGE TINLEY: And -- but sometimes your initial 24 thought of where it needs to go -- I'm not saying that we 25 shouldn't go out on this corner ultimately. My thinking is 10-22-12 24 1 that -- and that may very well be the ultimate solution. 2 MR. BOND: Okay. 3 JUDGE TINLEY: I just want to make sure that we're 4 proceeding in an orderly manner that gives us time to 5 accomplish all these things. The last thing I want is for 6 some of our citizens coming down to the courthouse when we 7 have the lighting, and have all these families and children 8 from the parade that comes -- ends up going by Earl Garrett 9 here, that's -- that we've got some obstacles there, 10 and people are going to get hurt. I don't want that. 11 MR. BOND: That's not an option. 12 JUDGE TINLEY: I don't want any risk of that. And 13 so -- 14 MR. BOND: You're suggesting that we wait till 15 after the season to start working on any permanent 16 construction? 17 JUDGE TINLEY: Well, that we place the tree over 18 here temporarily, without -- without the concrete pad, so 19 that we've got something in place for this season. Then on a 20 go-forward basis, sit down with all of the stakeholders, all 21 of the consideration before us, and try and come up with a 22 permanent plan for the front of the courthouse area. That -- 23 that may include moving things that are presently there. You 24 know, all options are open at that point. And I certainly 25 understand where your committee is coming from as it relates 10-22-12 25 1 to the main intersection there at Sidney Baker and Main 2 Street, and that being more or less the crossroads for 3 downtown, and -- and the -- the attraction based upon the 4 flow of traffic on those two streets. I understand that. 5 But that's just one of the considerations we want to pour 6 into this entire thing. 7 MR. BOND: As a compromise, would the Court 8 consider us not having a permanent constructed pad, but 9 erecting the tree in front of the gazebo where we initially 10 had planned to put it, without any permanent structure there? 11 Just have the tree on the ground there this year? 'Cause we 12 really would like to see it on that corner this year for the 13 first year, the big ta-da, new tree, new thing. That's where 14 we really think it needs to sit for visibility purposes. I 15 mean, there's no permanent construction. They're just 16 manufacturing -- or erecting the tree on that front corner 17 this year, and all the displays will be on this side for the 18 Christmas lighting. 19 JUDGE TINLEY: You know, very frankly, that's an 20 option that I had not thought of. What you're suggesting is, 21 even though it may not be symmetrical because we've got the 22 gazebo over there, -- 23 MR. BOND: Just the -- 24 JUDGE TINLEY: -- on a temporary basis -- that's 25 all we're speaking of -- as opposed to over here, over on the 10-22-12 26 1 Sidney Baker/Earl Garrett corner -- I mean Sidney Baker/Main 2 corner. 3 MR. BOND: Main, right. 4 COMMISSIONER OEHLER: I would support that. 5 COMMISSIONER LETZ: That's fine. 6 COMMISSIONER OEHLER: That's fine with me. 7 MR. BOND: On this year basis, 'cause that's where 8 the -- this would give us a chance to look at it this year 9 and see if that's really where it belongs, or where everybody 10 agrees that it belongs. What do you think? 11 COMMISSIONER OEHLER: I'm with the Judge as far 12 as -- as having a permanent structure built this quick and 13 this close to the holiday season. 14 COMMISSIONER LETZ: I don't -- I don't think 15 it's -- I mean, it's physically possible to do it, but you'll 16 have an irrigation system that's going to have to be totally 17 reworked on both sides of the courthouse, and that's going 18 to -- you're going to have to get a contractor, and they're 19 going to be busy, so you're going to have three weeks just on 20 irrigation work, 'cause there's lines everywhere. And -- 21 MR. BOND: Trust me, all of our stress levels were 22 high on whether we could get it done. We don't want to mess 23 up. 24 COMMISSIONER LETZ: Doing the electrical, it's -- I 25 don't think it's doable to do it. But if y'all do it 10-22-12 27 1 temporarily, it doesn't make any difference. 2 MR. BOND: The money's already there to do it. 3 When we do it is totally up to us. So, if -- if we can reach 4 an agreement to compromise, let us put the tree up out here 5 on the Sidney Baker/Main side on a temporary basis without 6 any permanent structure, and then we'll work on getting the 7 pad and the gazebo issue resolved after the first -- after we 8 take the lights down. 9 COMMISSIONER LETZ: That's fine. 10 JUDGE TINLEY: Like I say, I've not considered it, 11 but certainly, that's -- Ms. Ables, you had a comment or 12 question? 13 MS. ABLES: Yes, I'd like to speak to that, since 14 I'm the one who spoke with the Lehmanns. There are some real 15 concerns about where the gazebo is now. Once the big cypress 16 tree died during the drought and had to be removed, it took 17 away a lot of the protection for that little gazebo. It is a 18 small -- it's a small gazebo, and the idea of putting it as a 19 grouping over there by the cannon with easy access, it would 20 be A.D.A. -- we'd cut -- cut through the curb and all that so 21 that you could go easily to that location right there by the 22 Commissioners Court. We were assured that there would be a 23 lot of courthouse people that would come down, have their 24 lunch there. We envisioned having Santa Claus in it a few 25 evenings a week before Christmas. We have confidence that 10-22-12 28 1 our contractor could get it moved in time so it would be 2 ready for the Christmas parade time, and be a permanent place 3 for Santa, and maybe put some of the other decorations for 4 the courthouse that seemed especially geared towards children 5 on that side, and kind of make that a wonderful children's 6 area. 7 The idea is, because it is a smaller structure, if 8 we locate it on that nice big corner there, that precludes 9 any other larger structure from being put there later. If 10 it's nestled under the trees, as you would expect a gazebo, 11 and you've got the sidewalk around it to line little children 12 up or whatever, you can go down, and I envision weddings -- 13 people that come to the courthouse for a wedding to go out to 14 that gazebo and have it there. There are a lot of uses. All 15 of this was very, very appealing to the Lehmanns. And their 16 concern was -- and my concern, and all of us after we walked 17 out there to look at it, 'cause really nobody goes out there 18 now, is that there's been some real -- some deterioration 19 because of the -- the weather and the lack of protection. 20 And we're going to have to have the ceiling all power-washed, 21 revarnished, and the big plaque -- this is my real concern. 22 If we're not going to do this right now, we need to go get 23 that plaque right now, because the big plaque that is an 24 expensive monument, and it is to Frances Lehmann, was glued 25 down on top of the plywood below it, and that has 10-22-12 29 1 deteriorated to the point that anyone can go out there right 2 now and just pick up that plaque and walk off with it. But 3 nobody -- everybody assumes it's been put down with screws 4 and things. 5 That would be changed for the new one. They were 6 -- they want that to last a long time. They want it to be 7 used. They like the idea of it nestled in among the trees, 8 as opposed to once again being put out -- a small structure 9 that, compared to the courthouse, design-wise, you just hate 10 to take up that great big giant -- giant corner. Now, as far 11 as the memorial aspect, I agree, memorials are supposed to be 12 permanent. But I would remind you that this memorial to 13 Frances Lehmann was placed directly on top of the memorial to 14 Joshua Brown, who founded Kerrville. So, generally speaking, 15 when you put up a memorial, you don't want to move it, but if 16 the people who gave the memorial like the idea of the new 17 spot, and we have funding completely to cover it, and a 18 contractor who will start working immediately to get that 19 part done, I would really encourage you to reconsider letting 20 us go ahead and go forward with moving the gazebo. 21 Now, like a lot of people on the committee, we 22 spoke to a lot of donors who were very, very enthused about 23 giving money to this 30-foot-tall magnificent tree, as long 24 as it was going to be prominently displayed on the Sidney 25 Baker/Main Street. And I'm not -- we have not had a good 10-22-12 30 1 response at the thought of not putting it where they gave 2 money to have it put. So I would -- I would really urge you 3 to let us go ahead. We're not going to do anything or let 4 anything happen. And this man, our contractor, is not going 5 to do anything to make a dangerous situation the night of the 6 Christmas parade and the tree lighting. In a lot of ways, 7 it's going to be a lot safer, because we'll have a better way 8 of controlling the crowd that wants to see Santa that night. 9 So, I would -- I would urge you; this is not -- this is 10 something that we've been working on for months and months 11 and months. It's not something that hasn't been carefully 12 thought out, and we didn't bring anything to you till we had 13 a complete presentation, and I would strongly urge you to 14 just consider a few -- consider these other options, and not 15 take -- looking at future plans for the courthouse grounds, 16 what is a prime, huge, big corner that right now has a lot of 17 space on it, and centering a very small structure there, that 18 is not going to last as long left out in an unprotected area. 19 Thank you. 20 MS. FREED: May I speak too, on what she has said? 21 JUDGE TINLEY: You had some comments? Yeah, give 22 us your name and address, please. 23 MS. FREED: My name is Debbie Freed. I'm president 24 of Kerr County Women's Chamber, so I'd like to speak on 25 behalf of -- as a donor. And I don't think I've talked to 10-22-12 31 1 anybody on the committee about me coming and speaking, so 2 sorry to surprise you. But what I'd like to speak to is 3 something that Ms. Ables spoke to, and that is the movement 4 of the gazebo, moving the gazebo. Well, let me say that the 5 Women's Chamber donated a substantial amount of money to this 6 cause; unanimously the vote was to support the cause, and 7 we're proud to be a part of these exciting things that are 8 happening to Kerrville. There's a lot going on, and it is 9 refreshing, as a citizen of Kerr County and a citizen of the 10 city of Kerrville, to witness the county and the city working 11 together on something positive for the community. I just 12 want to say thank you for doing that, and thank you for 13 starting this up. 14 But the gazebo -- when that gazebo was put on Kerr 15 County grounds, I thought it was a beautiful memorial. The 16 location to me was a beautiful location. However, the 17 practicality of it, in my opinion, was not adequate. It was 18 way out. It was a small gazebo way out in the middle of the 19 lawn that you had -- it was not welcoming where it was. I 20 never use the gazebo. I went out and visited the gazebo, but 21 I had no intention, as a citizen of Kerr County, to use that 22 gazebo because of its location. It was just not a welcoming 23 location. I saw -- I walked the grounds to see where this 24 proposed placement of this gazebo is. I thought, personally 25 -- I've not visited or contacted them about this, but I think 10-22-12 32 1 that it is a wonderful welcoming location. I think it's a 2 great spot to have people that use the courthouse to be able 3 to use the gazebo in such a -- a local place, a local spot 4 with the trees and the shading, and being so close to the 5 doors of the courthouse. Also, in considering moving the 6 gazebo out to the corner is a little disconcerting for me, 7 only because you have a cannon facing where you might be 8 putting that gazebo. And I don't want to be -- (Laughter.) 9 It is -- it's a wonderful cannon, and walking past 10 the cannon is not intimidating. But if you're sitting in a 11 beautiful little gazebo, it's a little intimidating to have a 12 cannon facing you, so I don't think -- I don't think that's a 13 great idea, personally, to consider putting the gazebo on the 14 other side of that cannon. I just -- I just think that 15 should be said. And I do -- I do hope you will consider what 16 they're wanting to do, and -- and consider that they're doing 17 it with a lot of people who live in this community and want 18 to see some good happen in this community. It's been a long 19 time since the fire took away a lot of these Christmas 20 decorations, and Kerrville has really had a hard time 21 reestablishing itself as a Christmas town. And I think that 22 the Commissioners Court being a part of this, the County 23 being a part of this, even makes it more important. If you 24 see how many people attend the parade every year at 25 Christmas, you know this is an important part of Kerrville. 10-22-12 33 1 And so I just want to say thank you for your time. 2 JUDGE TINLEY: Thank you, ma'am. 3 COMMISSIONER BALDWIN: Thank you. 4 COMMISSIONER LETZ: Judge? 5 JUDGE TINLEY: Yeah. 6 COMMISSIONER LETZ: Just -- the clerk got my 7 attention a minute ago. Our last court order, which is Court 8 Order 32868, was to put the Christmas tree, on a temporary 9 basis, at the corner Sidney Baker and Main, which is what the 10 proposal is right now, so I really don't -- I mean, we don't 11 need to do anything today. That is what the court order is, 12 is to put it on a temporary basis out where we're talking 13 about putting it. As to the rest of the issues on moving 14 things, I just -- I agree with the Judge. I think we need to 15 wait and look at where we're doing things. There's a lot of 16 electrical, a lot of water, a lot of problems that could come 17 up with digging foundations and footings out there right now, 18 and I think that it's a -- it makes a lot more sense -- I 19 mean, obviously, there's a difference of opinion as to where 20 the gazebo should go. Well, that right there says that we 21 shouldn't make a decision today. 22 I think we need to get a plat of the courthouse, 23 maybe enlist some professionals around town like Peter Lewis, 24 some of the other architects or firms that have helped us, 25 and look at a long-range plan. That's something I've been an 10-22-12 34 1 advocate of from the beginning. I've always thought we 2 should have a long-range plan so we quit putting things up 3 and then have them in the wrong place. We also, as the Court 4 is aware -- the public may not be -- we were offered from 5 John Teltschik to give us two very large cypress trees that 6 were supposed to be on the two corners of the courthouse. 7 That's another reason we need to -- more of a master plan. 8 If we would have done that when we thought about it in May, 9 there wouldn't be a Christmas tree on any corner, 'cause 10 there would be a huge tree there right now. He's giving us 11 two, I believe -- 12 COMMISSIONER OEHLER: 30 foot. 13 COMMISSIONER LETZ: -- 30-foot cypress trees. And 14 for the same reason, at that time I said we need to step back 15 and decide what we're going to do with the courthouse square 16 before we start planting trees again. So, you know, I think 17 that the -- everything I'm hearing reaffirms that we need to 18 do just that, and I think move forward with what the court 19 order says. Put the Christmas tree up at Sidney Baker and 20 Main on a temporary basis this year, and then after the first 21 of the year, start developing a plan for the courthouse as to 22 where the gazebo will be going. Maybe the cannon needs to be 23 moved, you know, all these structures need to go, and move 24 forward. 25 JUDGE TINLEY: I -- I was mistaken about what the 10-22-12 35 1 court order said. I think y'all were mistaken about it. 2 MR. BOND: That was just a conversation the four of 3 us had on Saturday. 4 JUDGE TINLEY: So we may already be there on a 5 temporary basis, and apparently we are, if that's what the 6 court order says that that's what you're authorized to do. 7 MR. BOND: Okay. We're certainly not recommending 8 that any hasty decisions be made. We are -- we want to be 9 good stewards of the space, as y'all do, recognizing that we 10 do need to make sure that we're doing the right thing. And 11 we don't know what's underground out there; I'm intimately 12 aware of that, unfortunately, with all the experience with 13 the Christmas lights. But we appreciate y'all's 14 consideration, and we are excited to have the tree on the 15 Sidney Baker side this year. I think once the community sees 16 it, once y'all see it, you're going to be duly impressed. A 17 lot of effort went into getting this done. I know that 18 Commissioner Oehler -- 19 COMMISSIONER OEHLER: I don't see anything wrong 20 with delaying this and taking time to plan it out properly so 21 that everybody's on the same page, everybody can be in 22 agreement with it and then move forward. One year is not 23 going to -- it's not like 10. And, you know, we get accused 24 sometimes of acting too hastily, and, you know, the best 25 plans sometimes don't happen on the first try. 10-22-12 36 1 MR. BOND: Well, and I have an example, where the 2 gazebo is now. 3 COMMISSIONER OEHLER: An example of that, maybe the 4 cannon is another one. 5 MS. ABLES: If we are going to put this off, I 6 mean, for a year, I would really urge somebody to go out 7 there today and get that plaque out of the middle. No 8 kidding. If anybody knew that you could just pick that thing 9 up and melt it down and make something, they'd take it. 10 COMMISSIONER OEHLER: That's a maintenance issue we 11 need to deal with. 12 MS. ABLES: I'll call Ruth and Gene and tell them. 13 COMMISSIONER OEHLER: I sure don't -- I'm totally 14 in support of doing what you're asking, and the community 15 supported this project. I think it's important. But, you 16 know, also at the same time, I think we need to be sure we go 17 slow enough to make it right in the end, where everybody's 18 going to happy. I don't want to be moving this stuff again, 19 or sometime down the road another group of guys are sitting 20 here, and they say, "No, we don't like that; get that out of 21 here." You know, it just needs to be done properly, I think. 22 And I think that's the way to go about it. 23 MR. EYCHNER: Fair enough. 24 COMMISSIONER OEHLER: Go ahead and start the 25 process as soon as we get through Christmas. Do the 10-22-12 37 1 temporary location and move forward. Then we'll have plenty 2 of time to get all the work done to where it's right for next 3 year. 4 MR. EYCHNER: Okay. 5 MR. BOND: Buster, did you have any comments? 6 JUDGE TINLEY: Any member of the Court have 7 anything to offer in addition to the court order that's in 8 existence with respect to this particular matter? I believe 9 that will conclude the agenda item. Thank you for your 10 participation. We appreciate you being here. 11 MR. EYCHNER: Thank you for your time. Appreciate 12 it. 13 JUDGE TINLEY: Let's move to our 9:15 timed item; 14 to consider, discuss, take appropriate action to award the 15 bids on electrical, plumbing, HVAC, and pest control 16 services. Mr. Bollier? 17 MR. BOLLIER: Yes, sir. I've looked at all the 18 bids real carefully, and I went and talked to the County 19 Attorney. What I would like to do is, my recommendation to 20 the Court was to be accept all bids except for one, with the 21 exception of pest control, because I have to have pest 22 control. They do it quarterly in some of my buildings, and 23 some of my buildings monthly, and so I would just -- I would 24 like to consider all the bids and recommend all of them. 25 COMMISSIONER OEHLER: What about the pest control? 10-22-12 38 1 MR. BOLLIER: That's the only one -- 2 COMMISSIONER OEHLER: Tell us what that is. 3 MR. BOLLIER: Pest control would be Goss. 4 COMMISSIONER OEHLER: Goss? 5 MR. BOLLIER: Goss. 6 COMMISSIONER OEHLER: Okay. So, Goss gets the -- 7 you'd recommend him for the pest control source? 8 MR. BOLLIER: Yes, sir, I do. 9 COMMISSIONER OEHLER: And then all the other bids 10 to be accepted as presented? 11 MR. BOLLIER: Yes, sir. 12 JUDGE TINLEY: And that's primarily based upon 13 availability and cost considerations? 14 MR. BOLLIER: Yes, sir. 15 JUDGE TINLEY: As to who you call first, second, 16 third, whatever? 17 MR. BOLLIER: Yes, sir. 'Cause they're all 18 really -- they're all right there. They're all really, 19 really close; there is not a lot of money between any of 20 them. 21 COMMISSIONER LETZ: I move to accept the 22 recommendation of the Maintenance Director. 23 JUDGE TINLEY: Motion made and seconded as 24 indicated. Question or discussion? All in favor, signify by 25 raising your right hand. 10-22-12 39 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: The motion does carry. Thank you, 5 Mr. Bollier. 6 MR. BOLLIER: Thank you, sir. 7 JUDGE TINLEY: Let's go to Item 5, which is a 9:30 8 timed item; to consider, discuss, take appropriate action on 9 a request from Impact Ministries to be added to the nonprofit 10 list for use of Union Church building in order to receive a 11 reduced rate on the rental fees. Is Mr. Danielson here? 12 MR. DANIELSON: Yes, sir. Thank you. I guess this 13 might be the document, best I can find, that I've been 14 requested to show. Impact is a 501(c)(3). It originally 15 started as Impact Ministries of Kerrville and Impact 16 Christian Fellowship, same place. And I'm the pastor there, 17 as well as right now the president of the Ministerial 18 Alliance in town, and so actually the event we're looking at 19 at Thanksgiving is a community-wide Thanksgiving service. 20 It's 100 years the Ministerial Alliance has been in 21 existence, so -- and so it just seemed like having this 22 meeting at that place seemed significant for a lot of 23 reasons. In talking, it was like there was a discount 24 available for nonprofits. We were recognized as that, so 25 being good stewards of money and resources, we make that 10-22-12 40 1 appeal to you today. 2 COMMISSIONER BALDWIN: Let's see, the discount 3 comes down to what $500, $600 now? What is the discount? 4 MS. GRINSTEAD: Fifty percent on the rental fee. 5 COMMISSIONER BALDWIN: And what is the rental for 6 the old church? 7 MS. GRINSTEAD: $100, so it would be $50. 8 COMMISSIONER BALDWIN: So, 50 bucks per day. Are 9 you just talking about one day, David? 10 MR. DANIELSON: Yeah. And, seriously, I mean, that 11 doesn't make or break the idea for us, but it -- it was just 12 mentioned, and as a good stewardship thing and for the future 13 events Impact would host or sponsor -- we're -- technically, 14 the Ministerial Alliance is hosting that community service, 15 not Impact, but we're just, as Impact, supporting -- the 16 Ministerial Alliance doesn't have money. It's a non -- it's 17 a truly nonprofit organization. And it doesn't have any way 18 of making money. Any time we have a meeting, the money that 19 we bring in we give to CAM and Salvation Army, and so about 20 the only expenses the Ministerial Alliance incurs is a post 21 office box. And I don't even know what we use that for, but 22 it was there before we got there, so we still have it. So, 23 it's our aim at Impact to support things going on in the 24 community. 25 JUDGE TINLEY: You're just seeking the same 10-22-12 41 1 treatment other organizations of equal status would have? 2 MR. DANIELSON: Yes, sir. 3 JUDGE TINLEY: What -- 4 MR. DANIELSON: There's no -- 5 JUDGE TINLEY: What you've provided is an I.R.S. 6 determination that the organization is exempt from income tax 7 under Section 501(a) because it's a 501(c)(3) organization. 8 And I assume these copies are for Ms. Grinstead to put in her 9 file? 10 MR. DANIELSON: Sure. 11 JUDGE TINLEY: As the agent to handle these 12 rentals. 13 MR. DANIELSON: I can get some more if you need 14 them. 15 JUDGE TINLEY: This should be enough. 16 COMMISSIONER BALDWIN: Judge, I move that we -- 17 that we include Impact Ministries on the nonprofit list for 18 the Union Church building -- do we want to do it just for 19 Union Church building, or all county facilities? 20 COMMISSIONER OEHLER: All. 21 COMMISSIONER LETZ: All county facilities. 22 JUDGE TINLEY: Yeah, sure. 23 MR. DANIELSON: Okay. 24 COMMISSIONER OEHLER: Second. 25 JUDGE TINLEY: Motion made and seconded as 10-22-12 42 1 indicated. Any further question or discussion on that 2 motion? All 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: The motion does carry. Thank you, 7 sir. We appreciate you being here. 8 MR. DANIELSON: Appreciate y'all. 9 JUDGE TINLEY: Let's go to our next 9:30 timed 10 item; to consider, discuss, take appropriate action to 11 approve a resolution in support of the Headwaters Upper 12 Guadalupe River Water Supply Enhancement Project. Mr. Jack 13 Clarke, good to see you this morning. 14 MR. CLARKE: Morning, Judge. Good morning, 15 Commissioners. 16 COMMISSIONER LETZ: Morning. 17 MR. CLARKE: I am here representing Kerr County 18 Soil Conservation. I think y'all all have copies of what it 19 was. I'll go into as much detail as you want to. Basically, 20 we've been doing this program for a number of years through 21 the state. Sunset Commission changed all that, so we have 22 made application, with the help of U.G.R.A., to kind of try 23 to do this on our own. For the rest of you, this is cedar 24 clearing to get more water into Nimitz Lake for the use of 25 Kerr County and City of Kerrville. I'm represented -- just 10-22-12 43 1 two? And Ms. Holekamp is filling out the time left on 2 George's position, so she is a new member on our board. 3 COMMISSIONER OEHLER: Good. 4 MR. CLARKE: So, is there anything that I can 5 answer on the summary of what we are asking for? $100,000, 6 which will be administrated by the same people that have been 7 doing it at the state. It's just a continuation. But the 8 problem was, of the $3 million for water projects in the 9 state, everybody was going to present applications for that 10 money throughout the state, so we kind of figured that we may 11 get left way down on the list, so we're trying to do one 12 individually and do a little bit of the politics with y'all 13 helping us and supporting it. So, that's where I am. 14 JUDGE TINLEY: Essentially, this gives landowners 15 an opportunity to get some assistance under this program -- 16 financial assistance -- 17 MR. CLARKE: Correct. 18 JUDGE TINLEY: -- in order to clear their property 19 of -- of cedar, which in turn conserves rainwater, 20 groundwater, whatever, because those cedars are not sucking 21 up the water as they did. So -- 22 MR. CLARKE: Correct, it's twofold. As you -- the 23 water runoff into the creeks, but also getting more grass 24 cover for erosion control on the land. 25 COMMISSIONER BALDWIN: And it's a total of 10-22-12 44 1 $100,000? Or you're requesting $100,000? 2 MR. CLARKE: We're requesting $100,000 for Kerr 3 County. 4 COMMISSIONER BALDWIN: Okay. 5 MR. CLARKE: It's, like, $3 million statewide. 6 COMMISSIONER BALDWIN: I see. That's what I was 7 looking for. Now, you have the words "cost share funding to 8 landowners." Landowners, do they have to show that they are 9 putting in "X" amount of dollars before they can get some of 10 it? 11 MR. CLARKE: Yes, sir. This is -- all of this went 12 back to Sunset Commission causing us to form a model where we 13 list the best places you can do this from, and we have 14 segments that are numbered in priority as to what will do the 15 best job, and then our three-county area establishes an 16 average on what the cedar cost for clearing is, and we work 17 on a 70 percent payment of that number. So, initially, if -- 18 if they can get it cleared for -- I believe the number for 19 heavy cedar is $220. We pay 70 percent of that. In the real 20 world, about the only ones that can do that are people like 21 me that have bought equipment. We throw those numbers out. 22 And then we can use a contractor for operating and fuel, and 23 we'll get close to being covered. So, the -- the other part, 24 the 30 percent, is -- and if you call Cedar Eaters of Texas 25 or whatever, the number is way on up there. They don't get 10-22-12 45 1 anywhere close to paying it. So, yes, sir, the landowner is 2 definitely participating in making this happen. 3 COMMISSIONER BALDWIN: This is one of the best 4 things that can happen. 5 COMMISSIONER LETZ: Great program, worked for 6 years. It's how we get rid of cedar. And I can assure you 7 that landowners aren't making anything on these programs, but 8 it's helping get rid of cedar, which benefits everybody. 9 Move approval of the resolution. 10 COMMISSIONER BALDWIN: Second. 11 JUDGE TINLEY: Motion made and seconded for 12 approval of the agenda item. Do we have any further question 13 or discussion? 14 COMMISSIONER BALDWIN: I just want to make one more 15 comment, that I really believe that God made cedar trees to 16 cut down. That's what they're for. (Laughter.) 17 JUDGE TINLEY: For burn piles, huh? 18 COMMISSIONER BALDWIN: Burn piles. That's all 19 they're for. 20 MR. CLARKE: And closets. 21 COMMISSIONER OEHLER: And the bigger ones for 22 posts. 23 JUDGE TINLEY: Any other questions or discussion? 24 All in favor of the motion, signify by raising your right 25 hand. 10-22-12 46 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: That motion does carry. Thank you 5 very much, Mr. Clarke. 6 COMMISSIONER OEHLER: Thanks, Jack. 7 JUDGE TINLEY: Let's go to Item 7, a 9:45 timed 8 item -- we're slowly catching up here -- for an update on the 9 Lions Park to be presented by the Friends of Center Point. 10 Good morning. 11 MS. COLGATE: Good morning. Jana Colgate, 195 Red 12 Bird Loop, Center Point, Texas. I'm here today to represent 13 the Friends of Center Point and to thank the Commissioners 14 Court for the improvements that we have had at our park. A 15 group of four people with diverse backgrounds have come 16 together to support an effort to preserve and protect the 17 natural beauty of Lions Park. I can remember the first time 18 I saw it, I thought of Platt National Park in the state of 19 Oklahoma, and I thought this needs to be protected. Since 20 the push has been -- if you have been to the park lately, we 21 have boulders that have been moved to delineate picnic areas. 22 We've added a port-a-potty, which has been wonderful. You 23 never know how important a potty is until you're out there 24 picnicking. The last part of the -- of the -- my word has 25 totally gone out of my head -- of improvement was creating a 10-22-12 47 1 green space, and so telephone poles were cut, a picnic table 2 was brought in. 3 It has been amazing, every day when I drove to the 4 Post Office, to drive by the park and to see the number of 5 people using the area, to have the comments of moms being 6 able to go and have a picnic, allow their children to play in 7 the water, and they feel safe because there's not that worry 8 of a car coming all the way down to the edge, so that they 9 can sit there. At lunchtime, the number of families that are 10 meeting to have picnics, you know, dad working somewhere 11 close by, and you'll see everyone there. It has been a 12 wonderful thing. And, again, we want to come, you know, to 13 thank the Court. We presented a strategic plan to you, and 14 on that plan we have completed two items with your 15 assistance. One was to have the legal description of the 16 true boundaries of Lions Park, as well as discovering the 17 additional property across the river. We've also created the 18 green space. We have many more things to do. 19 Our group has created -- we have been designated as 20 a nonprofit; we are now under an umbrella where we can accept 21 charitable contributions that will be used towards continued 22 improvements of the park. Our intent today was to present 23 Commissioner Overby with a book. You guys can look at it. 24 We -- we -- at one point, when we have time and technology, 25 when the technology gods are smiling on us, we will present 10-22-12 48 1 pictures to the Court of the transition of Lions Park from 2 just kind of a place that had a lot of trash and very little 3 use to a -- to the beauty that it is today. But, again, 4 thank you very much to our Commissioners Court. Who should I 5 give this to? 6 JUDGE TINLEY: Thank you very much, Ms. Colgate. 7 Mr. Gonzales? 8 MR. GONZALES: Yes, sir. 9 JUDGE TINLEY: Are folks showing pride in that area 10 now down there and keeping -- picking up after themselves and 11 so forth? 12 MR. GONZALES: Well, let me give you a rundown. I 13 used to -- Joel Gonzales, 361 Stoneleigh Road. I used to go 14 into the park. If you guys -- everybody's been down there, 15 and you couldn't drive in it. Bumps. You know, a little, 16 small car cannot park in there. Yes, the people are -- are 17 very enthused. They see the park -- and Ms. Jana touched on 18 it. A bunch of people use it now. I used to have to walk 19 every weekend and pick up trash. I do remember coming over 20 here and asking, "We need trash cans." Now I drive to pick 21 up one cup here and one can there. People use the trash cans 22 now. It's part of training that we've done, and they're 23 using it. A lot of people, again, repeating what Ms. Jana 24 just said, use it now. It's not a partying place any more, 25 where you could just drive down and see beer cans and beer 10-22-12 49 1 bottles. It's not like that any more. They see my little 2 Chiquita banana. I guarantee you, people don't see this, 3 because people start picking up trash now. Thank God, 4 Commissioner Overby has always treated me as a gentleman, 5 respectful. He does not see my color. Every time I've 6 called him on anything on the park, you know, he's on it. He 7 calls me right back. I've called Mr. Moser a couple times, 8 and -- yes, but I'm just picking on Mr. Moser. But it is 9 awesome. And I want to thank, again, Commissioner Overby for 10 his support. Every phone call that I've called him on, he's 11 returned that call. He's with us all the time. You know, 12 he's just worked very hard with us. People have seen the big 13 improvements in all the park, and we're going to continue 14 going forward with it and fixing it. It has also changed my 15 life considerably, Judge. I mean, you can go down there and 16 pick up my record, but it has drastically changed my life, 17 and being responsible. 18 JUDGE TINLEY: We appreciate your efforts out 19 there, Mr. Gonzales. Thank you. And I'm sure that 20 Mr. Moser, on a go-forward basis, is going to be there to 21 work with you guys. 22 MR. GONZALES: We'll make him. 23 JUDGE TINLEY: All right. 24 MR. MOSER: It's a great asset for the community, 25 I'll tell you. 10-22-12 50 1 JUDGE TINLEY: Yeah. Okay, let's -- let's go back 2 to Item 3; to consider, discuss, take appropriate action to 3 appoint Kellie Early as a member of the Kerr County Child 4 Services Board. Commissioner Baldwin? 5 COMMISSIONER BALDWIN: Yes, sir. Kellie Early has 6 a B.S. in English. She has a paralegal certification. She 7 is employed as a paralegal with Pattillo, Richards, and 8 Harpold, and she's been a CASA volunteer for the past 12 9 years in Kerrville, and she comes highly recommended. I move 10 that we appoint Kellie to the Kerr County Child Service 11 Board. 12 COMMISSIONER OEHLER: Second. 13 JUDGE TINLEY: Motion made and seconded for 14 approval of the agenda item. Question or discussion? All in 15 favor, signify by 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. Item 4; to 20 consider, discuss, take appropriate action to appoint Judge 21 Tinley as Kerr County AACOG representative. As most of you 22 are aware, Commissioner Overby has been handling that, and 23 when he transitions out, it is my desire to pick that up. 24 I've, of course, over the years had considerable dealings 25 with the folks there at AACOG, and in various capacities, and 10-22-12 51 1 I want to make sure we continue to have continuity in any 2 representation down there. 3 COMMISSIONER BALDWIN: I move for approval. 4 COMMISSIONER OEHLER: Second. 5 COMMISSIONER LETZ: Second. 6 COMMISSIONER OEHLER: Third. 7 JUDGE TINLEY: Motion made and seconded for 8 approval. Question or discussion? 9 COMMISSIONER LETZ: I think it's great. I think 10 most of the counties probably have the county judge there. I 11 think it's appropriate, and I also -- I think this started 12 with Commissioner Williams, who had a lot of interest in it, 13 and then followed by Commissioner Overby. So, I think 14 it's -- they did a great job, but it's really important from 15 a financial standpoint, and I'm sure you'll do a fantastic 16 job, Judge. 17 JUDGE TINLEY: Any other questions or comments? 18 All in 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. Let's go to 23 Item 8; to consider, discuss, take appropriate action to 24 ratify changes approved by previous court orders for the show 25 barn at the Hill Country Youth Event Center including, but 10-22-12 52 1 not limited to: PR001 to delete skylights and replace with 2 PBR roof panel, PR002 to add Knox Box 3200 series, PR003 to 3 revise fire water line from 6-inch to 8-inch, PR005 to add 4 hairpin reinforcing, and allow County Judge to sign same. 5 Commissioner Oehler? 6 COMMISSIONER OEHLER: Yes, Judge. We've already 7 approved these things as kind of individuals, but the 8 architect has signed off, and engineer signed off on these 9 changes, and there's not much net effect, but there is a 10 little. I think we've addressed some things that were not 11 addressed in the beginning. So, I ask that -- I make a 12 motion that we approve finalizing these change orders, and 13 that we authorize the County Judge to sign. 14 COMMISSIONER BALDWIN: Second. 15 JUDGE TINLEY: Motion made and seconded for 16 approval of the agenda item. Question or discussion? 17 COMMISSIONER LETZ: Judge, will you, for the 18 record, read the dollar amount for each of those three, and 19 then the net change to the contract? 20 JUDGE TINLEY: Okay. Okay, PR001 to delete 21 skylights and replace with PBR roof panel lowers the contract 22 price by $4,417. PR002, which adds a Knox Box 3200 series, 23 increases the contract by $405.97. PR003, revising the fire 24 water line from 6-inch to 8-inch, upgrading 2 inches, 25 increases the contract by $6,521.36. PR005, adding hairpin 10-22-12 53 1 reinforcing, increases the contract by $600. It appears that 2 the total net change in the contract is an increase of 3 $3,110.33. 4 COMMISSIONER OEHLER: That's correct. 5 JUDGE TINLEY: Very -- very minor amount for all of 6 those. 7 COMMISSIONER OEHLER: Well, those were things that 8 just had to be done. The Knox Box was something that was 9 added. That was requested by the fire marshal, being as 10 we're going to have a fire line and all out there, and there 11 will be another one of those in Phase 2. Anyway, there are 12 some other things coming that will be a net effect of a 13 positive for us. It will not be any increase after this, I 14 don't believe. Those will be a little bit further down the 15 road, but they're minor changes. Anyway, there you have it. 16 JUDGE TINLEY: $3,100 is a pretty minor amount when 17 you consider that the original contract sum was almost 1.7 -- 18 COMMISSIONER OEHLER: Correct. 19 JUDGE TINLEY: -- million. It's staying pretty 20 tight on track, I'd say. 21 COMMISSIONER OEHLER: I would say so. 22 JUDGE TINLEY: Any further question or discussion 23 on the motion? All in favor of the motion, signify by 24 raising your right hand. 25 (The motion carried by unanimous vote.) 10-22-12 54 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: The motion does carry. Let's go to 4 Item 9; to consider, discuss, and take appropriate action on 5 change orders for the show barn at the Hill Country Youth 6 Event Center as recommended by the architect, and allow 7 County Judge to sign same. Commissioner Oehler? 8 COMMISSIONER OEHLER: I don't have a copy -- I'll 9 get a copy of this for y'all, but this is another thing to 10 start the process, kind of like what we just finalized on the 11 last agenda item. One of the things -- we have meetings 12 every other Thursday; I meet with the architects, engineers, 13 and the contractor. And one of the things that is coming 14 that we need to talk about this morning is the fact that -- 15 about copper pipe, as opposed to the stuff they call 16 Aquatherm green piping, which is comparable to copper, but 17 not as expensive. I mean, I almost hit the ceiling when I 18 heard copper pipe was -- you know, was going to be used. And 19 it's not just like, you know, three-quarter inch; it's going 20 to be some larger type stuff. And so the change in that, we 21 would get a credit of $2,000 by going with the Aquatherm as 22 opposed to copper piping. That is one change that the 23 contractor wanted me to consider. The other is a $2,500 24 add-on for electric hand dryers, rather than having 25 dispensers for paper towels and stuff like that. It's a 10-22-12 55 1 one-time expense. There will be four of those; there will be 2 one in each restroom, two men's and two women's. And those 3 are estimated cost to cost just over $600 a piece. And so to 4 get those ordered, you know, we need to approve that change. 5 So, you basically have a $2,000 credit, and you have a $2,500 6 increase. The net effect is a $500 increase for this, these 7 two things. And it's just felt like the hand dryers are more 8 sanitary; we don't have all the waste disposal. We don't 9 have, you know -- 10 JUDGE TINLEY: Maintenance issues, employees. 11 COMMISSIONER OEHLER: -- maintenance issues 12 constantly with that stuff, and so this is a recommended 13 change. And so I would move that we accept the credit for 14 the Aquatherm, as opposed to using copper piping, and a 15 $2,500 increase, which the net effect is $500, for four 16 electric hand dryers in Phase 1 of the project show barn. 17 COMMISSIONER LETZ: I'll second so I can discuss 18 it, but I'll probably vote against. 19 COMMISSIONER OEHLER: Okay. 20 JUDGE TINLEY: We have a motion and a second for 21 approval of the items as indicated. Question or discussion? 22 COMMISSIONER LETZ: I understand the -- the hand 23 dryers and having hand dryers, but my experience has been 24 that if you get a crowd in there, like during stock show with 25 a bunch of kids, those hand dryers are very slow, and the 10-22-12 56 1 result is either not washing your hands or having a paper 2 towel dispenser in addition to the hand dryers. So, I don't 3 -- I just don't know that we save anything there. Plus if 4 you have those hand dryers break, which they do, then you 5 have nothing; you have to have the paper towels there anyway. 6 So, pretty much any bathroom I've been in, I think, that has 7 those hand dryers have paper towel dispensers too, so I don't 8 know that it's really a savings. I don't mind having both, 9 and I think that's probably worthwhile, but I -- I'm not for 10 getting rid of paper towels. 11 COMMISSIONER OEHLER: We may have to eventually. 12 I'm going to support it, but it's -- these are commercial; 13 these are not your little, you know, residential types that 14 some of you might think. These are supposed to be a lot 15 higher volume and air. 16 COMMISSIONER LETZ: Talking about -- but it's the 17 same thing as they're going to have in Love's or anything 18 else like that. 19 COMMISSIONER OEHLER: Maybe. It's just that I know 20 the long-term cost on paper supplies and the labor cost of 21 changing those out is also something to consider. 22 COMMISSIONER LETZ: And the other comment -- and I 23 know nothing about any of the piping you're talking about, 24 other than I do know copper. I know that several years ago, 25 there was a big move to use a product called Kitec in houses, 10-22-12 57 1 and Kitec is no longer on the market. Then they went to 2 something else, and that's no longer on the market. And 3 copper works. And for $2,000, boy, I sure hope whatever 4 we're switching to, if we switch, works, because $2,000 isn't 5 a huge change in 1.7 million. And this other product, you'd 6 end up with a real problem if you have to change out this 7 stuff in the future. And I don't know what this green stuff 8 is. I haven't -- 9 COMMISSIONER OEHLER: Well, it's commercial -- 10 COMMISSIONER LETZ: Commercial grade, and it's 11 guaranteed, but so was Kitec. And -- 12 COMMISSIONER OEHLER: I used Kitec in my house, and 13 I haven't had a problem with it. 14 COMMISSIONER LETZ: I know, but you try to find 15 Kitec today. 16 COMMISSIONER OEHLER: Yeah, I know. Those things 17 come -- I know; I agree with your point. And all the piping 18 is exposed. This is not under the slab. 19 COMMISSIONER LETZ: It's a good thing. 20 COMMISSIONER OEHLER: And so anything that does 21 happen in the future, it can be replaced. And, you know, my 22 experience with copper is that some of the -- you know, the 23 water we have around here has a tendency to eat holes in it. 24 COMMISSIONER LETZ: Yeah. 25 COMMISSIONER OEHLER: And there's a lot more labor 10-22-12 58 1 involved in maintaining that if you do get holes in it than 2 there is -- of course, you know, if you can't get it, you 3 can't get the couplings and things, the compression fittings, 4 that presents another problem. So, you know, I really don't 5 have a cut-and-dried thing, and I agree with the fact that 6 copper works. I just -- you know, at the present time, 7 copper's real expensive, and I'm surprised -- surprised that 8 the credit's not a little more. 9 JUDGE TINLEY: The -- the material that you're 10 talking about, is this the metal material with plastic 11 wrapped -- 12 COMMISSIONER OEHLER: Yes. 13 JUDGE TINLEY: Comes in long -- 14 COMMISSIONER OEHLER: 100-foot rolls. 15 JUDGE TINLEY: And they try and work it from a 16 manifold so you have a minimum of splicings or connections 17 made. 18 COMMISSIONER OEHLER: Much less splices -- many 19 less splices. 20 COMMISSIONER LETZ: I don't have a problem with 21 that. I mean -- you know, I mean, I'm a little leery, but if 22 it was in the foundation, I'd probably almost go no. But -- 23 COMMISSIONER OEHLER: There are no -- there are no 24 water lines in the slab. All of them are going to be run in 25 the walls because of that very reason. And I've had 10-22-12 59 1 experience with -- with having some copper in a slab that got 2 a hole in it, and that creates a lot of problems. 3 JUDGE TINLEY: Not a fun thing. 4 COMMISSIONER LETZ: I mean, my -- on the changes 5 you have, I mean, I'd vote for the first one. On the second 6 one, I'd like to have that reconsidered by the architect, 7 because I just don't -- 8 COMMISSIONER OEHLER: Are you talking about the 9 copper pipe? 10 COMMISSIONER LETZ: No, the pipe's okay. The hand 11 dryers. I just don't think it's a wise move to go with hand 12 dryers only, 'cause -- I mean, unless they've come up with 13 something that's a whole lot better than I've seen anywhere. 14 You know, these little ones where you put your hand down into 15 them, they all work great, but they take time. And you get a 16 bunch of people in there during, you know, stock show, they 17 don't have time to stand in line for one little dryer for 18 your hands. 19 COMMISSIONER OEHLER: Why don't we leave the hand 20 dryers off, leave things as-is, and if we want to add them 21 later after the building's built, there's nothing that says 22 we can't do that. 23 COMMISSIONER LETZ: Okay. 24 JUDGE TINLEY: You'll have the electrical -- 25 electrical requirement there in place in order -- 10-22-12 60 1 COMMISSIONER OEHLER: Be real simple. It's all 2 going to be -- you know, that can be run. 3 JUDGE TINLEY: You know, I think we ought to 4 encourage the use of those hand dryers, because they are more 5 sanitary, and I think that's the right thing to -- to put 6 before children and -- and, well, adults too, for that 7 matter, to try and encourage that kind of use. But sometimes 8 it can take a while. If you got them all jammed up there, 9 you're going to have a bunch of those kiddoes who are not 10 going to wait in line. They just got to start burning that 11 energy somewhere, and they are out of there and they're gone. 12 COMMISSIONER OEHLER: So you want to make a motion 13 to -- to approve the piping? 14 COMMISSIONER LETZ: To amend the motion to approve 15 the piping only. 16 COMMISSIONER OEHLER: Okay. 17 COMMISSIONER LETZ: I'll second that amendment. 18 COMMISSIONER OEHLER: I will do that. 19 JUDGE TINLEY: All right. We have an amended 20 motion as indicated, and a second to carry it. Further 21 question on that motion? All in favor, signify by raising 22 your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 10-22-12 61 1 JUDGE TINLEY: That motion does carry. We'll go to 2 Item 10 now; to consider, discuss, take appropriate action to 3 give Nicole Golden an educational step increase. Ms. Whitt? 4 MS. WHITT: Good morning. 5 JUDGE TINLEY: Good morning. 6 MS. WHITT: Excuse my appearance; I've been out 7 wrangling llamas this morning. 8 COMMISSIONER OEHLER: A llama person. 9 MS. WHITT: On September 7th, I had to send Officer 10 Golden to get her certification as a euthanasia tech, as 11 myself and Officer Fegenbush were out on FMLA, so we weren't 12 going to have anyone to do it. I was planning on sending her 13 anyway, but I wasn't planning on sending her until sometime 14 in November. Turns out I had to do it a couple of months 15 early. So, I am asking for her educational increase. Here's 16 her certificate, and I will place that in H.R.'s -- in her 17 file in H.R.'s office. 18 JUDGE TINLEY: If I recall correctly, Ms. Whitt, 19 recently you had some of your individuals that were certified 20 as, number one, animal control -- 21 MS. WHITT: Mm-hmm. 22 JUDGE TINLEY: -- officers, and then secondly, I 23 believe you had another one certified in euthanasia. 24 MS. WHITT: That's Cherry, yes. 25 JUDGE TINLEY: And -- and at that time, the Court 10-22-12 62 1 approved those as the educational step increases that are 2 included within the policy, I believe, that the Court adopted 3 way back in 1999, along with the longevity and the 4 educational increases. 5 MS. WHITT: Mm-hmm. 6 JUDGE TINLEY: That's my recollection. 7 MS. WHITT: Yes. 8 JUDGE TINLEY: Am I correct on that? 9 MS. WHITT: Yes. 10 JUDGE TINLEY: Well, then it would be appropriate 11 that we approve this one also. 12 COMMISSIONER BALDWIN: Sure. Of course. 13 JUDGE TINLEY: Now, from a budgetary standpoint, 14 that -- was that step included or somehow allowed for in the 15 new budget? 16 MS. WHITT: Well, there was some confusion on that. 17 I did request it in my budget. However, from what I 18 understand, it was not on the step -- on the position 19 schedule. 20 JUDGE TINLEY: Okay. 21 MS. WHITT: I do have an e-mail here from Tess, and 22 that was July 27th, stating that she wanted to let me know 23 that since the education and certification increases are 24 automatic, she took -- she "took them off of the request 25 sheet and put them into the budget, per Jeannie. Just 10-22-12 63 1 thought you should know." 2 MS. HARGIS: We don't know for sure. 3 JUDGE TINLEY: Okay. 4 MS. HARGIS: I wasn't told. 5 JUDGE TINLEY: Okay. Well, let me ask this 6 question. 7 MS. HARGIS: We have plenty of money, though. 8 JUDGE TINLEY: Okay. You'll find it, okay. 9 MS. WHITT: I've got money in my budget that I can 10 take it -- that I can -- I can move it around. 11 JUDGE TINLEY: Okay. 12 MS. WHITT: We can make it work. 13 COMMISSIONER LETZ: My -- go ahead. 14 MS. WHITT: Go ahead. 15 COMMISSIONER LETZ: Well, my only question is, I 16 mean, if this is part of our policy, why do we have to 17 approve it? Isn't this -- I mean, if you -- 18 MS. WHITT: That was my next question. 19 COMMISSIONER LETZ: I don't think we need to 20 approve it. I think it's just part of the policy. It's in 21 the job description; if you get this, you get it. It's just 22 like Road and Bridge. 23 MS. WHITT: There was also some -- 24 MR. HENNEKE: It's still a change in the money, 25 though. 10-22-12 64 1 MS. WHITT: Right. 2 MR. HENNEKE: Still a change in the budget. 3 COMMISSIONER LETZ: But I don't know. Every -- I 4 mean, there's certainly -- I can -- if you have a pesticide 5 license at Road and Bridge, you get a bump for that too. 6 MS. HARGIS: We approve those. We don't always 7 know when they're going to go to school, when they're not 8 going to go to school, and so, really, we should talk about 9 this at budget so that, you know, mainly that they get in. I 10 think that it's in another line item. But, unfortunately, I 11 -- she put my name on there, but I don't have any -- there's 12 no copy to me. So -- 13 COMMISSIONER LETZ: So, we do need to take action? 14 Okay. 15 JUDGE TINLEY: Well, it would be nothing more than 16 affirming this, this kind of educational -- 17 MS. WHITT: I'd also like you -- I mean, I don't 18 want to do anything without you knowing. 19 COMMISSIONER LETZ: Sure. 20 COMMISSIONER BALDWIN: Yeah. 21 JUDGE TINLEY: This particular kind of educational 22 certification is one of those that qualifies under the '99 23 policy that we've been under going forward. 24 MS. WHITT: Correct. And so you know, at a later 25 date, I will be bringing two more to your attention, one 10-22-12 65 1 other as a certified animal control officer and another 2 euthanasia tech. 3 JUDGE TINLEY: Okay. 4 COMMISSIONER OEHLER: Move approval. 5 COMMISSIONER LETZ: Second. 6 JUDGE TINLEY: Motion made and seconded for 7 approval. Question or discussion? All in favor, signify by 8 raising your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: Motion carries. Thank you, ma'am. 13 Appreciate it. 14 MS. WHITT: Thank you. 15 JUDGE TINLEY: Item 11 to consider, discuss, take 16 appropriate action to approve the audit report required by 17 Section 59.06 of the Code of Criminal Procedure, and the 18 fiscal year 2012 Chapter 59 Asset Forfeiture Report to be 19 true and correct and contains all of the required 20 information. Chapter 59 report is to be signed by both the 21 County Judge and the 198th District Attorney. Ms. Hargis? 22 MS. HARGIS: Yes, sir. This is required on an 23 annual basis, that the Court certifies after we audit the 24 forfeiture funds, and we have done that for the 198th. We 25 also do the books for the 198th, so it's an ongoing -- the 10-22-12 66 1 forms have been completed. There are three copies; I need 2 all three copies signed. And these are due by November the 3 1st every year. 4 COMMISSIONER BALDWIN: Is it required for the 216th 5 as well? 6 MS. HARGIS: Yes, sir. That's the next item. 7 COMMISSIONER BALDWIN: Oh, it is? 8 MS. HARGIS: Yes, sir. 9 COMMISSIONER BALDWIN: The -- on page -- it says 10 Page 2, this Page 2, out here someone has typed with a 11 typewriter some words. What -- 12 MS. HARGIS: Yes. 13 COMMISSIONER BALDWIN: It says, "watch, necklace, 14 Visa cards, watches and jewelry." 15 MS. HARGIS: If you'll notice up above there, it 16 says if you have items that are not just money, you must 17 describe them, which is a new thing for us to do on these 18 forms, but they have to show what they are. Like, the other 19 one's going to show a DVD and a VCR. 20 COMMISSIONER BALDWIN: Things that they have 21 seized? 22 MS. HARGIS: That's correct, and are not money. 23 COMMISSIONER BALDWIN: And they list credit cards? 24 MS. HARGIS: You have to list whatever you got. 25 It's very specific in the law. If you'll notice, we go 10-22-12 67 1 across and it has -- there's a place for motorcycles and 2 scooters. There's a place for cars and so forth. 3 COMMISSIONER BALDWIN: Yeah. And I can see -- I 4 can see taking those cars and the judge ordering them to sell 5 them and split the money amongst everybody, but I don't see 6 what to do with the damned credit cards. 7 COMMISSIONER OEHLER: That's interesting. You get 8 to spend the remaining balance? 9 COMMISSIONER BALDWIN: Use it if you can. 10 MS. HARGIS: It's better to put everything on there 11 than not, believe me. 12 COMMISSIONER BALDWIN: Okay. 13 JUDGE TINLEY: Remember, this is reporting to your 14 big brother. 15 COMMISSIONER BALDWIN: Yes, sir, I understand. 16 COMMISSIONER LETZ: Move we accept the audit as 17 presented. 18 COMMISSIONER OEHLER: Second. 19 JUDGE TINLEY: Motion made and seconded as 20 indicated. Question or discussion? All in favor of the 21 motion, signify by raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: The motion does carry. That brings 10-22-12 68 1 us to Item 12, which is to consider, discuss, take 2 appropriate action to approve the audit required by Article 3 59.06 of the Code of Criminal Procedure and fiscal year 2012 4 Chapter 59 Asset Forfeiture Report to be true and correct and 5 contains all the required information, the Chapter 59 report 6 to be signed by both County Judge and the 216th District 7 Attorney. Again, Ms. Hargis. 8 MS. HARGIS: Again, this is the -- the forfeiture 9 report for the 216th. As you can see, it's a lot smaller 10 than the other one. They generally don't collect as much in 11 the 216th. The D.A.'s reports are due by November the 1st. 12 The Sheriff and the constables are not due until the 15th. I 13 see that there is another item which will just get there a 14 little bit more on time, but the Sheriff's office wasn't 15 quite finished with theirs. So -- 16 COMMISSIONER BALDWIN: I move for approval. 17 COMMISSIONER OEHLER: Second. 18 JUDGE TINLEY: Motion made and seconded for 19 approval. Question or discussion? All in favor of the 20 motion, signify by raising your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: That motion does carry. Let's go to 25 Item 13; to consider, discuss, take appropriate action to 10-22-12 69 1 approve official bond of Kerr County Precinct 2 2 Commissioner-elect Thomas L. Moser to become effective upon 3 his swearing in at a later date. I put this on the agenda. 4 The bond has been completed and reviewed by the Treasurer's 5 office and the Auditor, and it's essentially in place, ready 6 to go once his -- his swearing in takes place. 7 COMMISSIONER LETZ: I move we accept the bond. 8 COMMISSIONER BALDWIN: Second. Approve or accept? 9 COMMISSIONER LETZ: Approve. I guess approve 10 official bond. 11 COMMISSIONER BALDWIN: Yeah. 12 JUDGE TINLEY: Motion made and seconded for 13 approval of the agenda item. Question or discussion? 14 COMMISSIONER BALDWIN: Yes, sir. What is -- what 15 is the L.? Where'd he go? 16 JUDGE TINLEY: Right here. 17 COMMISSIONER BALDWIN: There he is. 18 JUDGE TINLEY: He moved. 19 COMMISSIONER BALDWIN: What's the L.? 20 MR. MOSER: What's the what? 21 COMMISSIONER BALDWIN: L. 22 MR. MOSER: Louis. 23 COMMISSIONER BALDWIN: Louis. Thomas Louis. Did 24 your mother ever yell at you like that, "Thomas Louis, you 25 get in this house right now"? 10-22-12 70 1 MR. MOSER: About four times a day. (Laughter.) 2 COMMISSIONER BALDWIN: I see. All right, Thomas 3 Louis. 4 JUDGE TINLEY: Any further questions, comments on 5 the motion? All in favor of the motion, signify by raising 6 your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: The motion does carry. Let's go to 11 Item 14; to consider, discuss, take appropriate action on 12 fiscal year 2012 Chapter 59 Asset Forfeiture Report for 13 Constable Precinct 3 as required by article 59.06, Code of 14 Criminal Procedure. The item is shown by Constable Garza, 15 but it looks like we got the Auditor here with us. 16 MS. HARGIS: The only thing I would say is I have 17 not had an opportunity to look at this one, so I would like 18 to be able to at least look at it before you mail it. 19 COMMISSIONER OEHLER: Want to pass this? 20 COMMISSIONER LETZ: Pass. Bring it back next time. 21 JUDGE TINLEY: Is there any deadline that we're 22 looking at with regard to this particular forfeiture report? 23 MS. HARGIS: They have until the 15th of November. 24 JUDGE TINLEY: Okay. So we still got time to allow 25 you to review and audit as you may need to do, and then come 10-22-12 71 1 back and be in a position to certify it to the Court. Okay. 2 Okay, let's go to Item 15; to consider, discuss, and take 3 appropriate action to approve contracts with the Divide 4 Volunteer Fire Department, Ingram Volunteer Fire Department, 5 Castle Lake Volunteer Fire Department, K'Star, Kerr Economic 6 Development Corporation, and allow County Judge to sign same. 7 COMMISSIONER BALDWIN: So moved. 8 COMMISSIONER OEHLER: Second. 9 JUDGE TINLEY: Motion made and seconded for 10 approval. Question or discussion? All in favor, signify by 11 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. We'll go to 16 Item 16, which is to consider, discuss, take appropriate 17 action to approve the 2013 resolution for the Indigent 18 Defense Grant program, authorize County Judge to sign 19 resolution. Ms. Hargis? 20 MS. HARGIS: Yes. Every year we have to sign this 21 resolution prior to being able to apply for the grant, and 22 prior to being able to send our 2012 numbers. So, I need the 23 Court to approve us applying for this grant, which is -- has 24 been about $26,000, and then this year we got another seven. 25 We had a speaker from the Attorney General's office actually 10-22-12 72 1 at my conference, and we should be getting a little bit more 2 again. After they distribute the funds, then they come back 3 and redistribute according to our allocation. It's not a lot 4 of money, but it does help offset some of our costs. 5 COMMISSIONER LETZ: Move approval. 6 COMMISSIONER OEHLER: Second. 7 JUDGE TINLEY: Motion made and seconded for 8 approval. Question or discussion? All in favor of the 9 motion, signify by raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: That motion does carry. Let's go to 14 Section 4 of the agenda, if we might. 15 COMMISSIONER BALDWIN: What about 17? 16 JUDGE TINLEY: We've got a filing time on that one; 17 we'll come back to that. 18 COMMISSIONER BALDWIN: I see, okay. 19 JUDGE TINLEY: Item -- Item 1, payment of the 20 bills. 21 COMMISSIONER LETZ: Move we pay the bills, Judge. 22 COMMISSIONER BALDWIN: Second. 23 JUDGE TINLEY: Motion made and seconded to pay the 24 bills. Looking at Page 33, -- 25 MS. HARGIS: Okay. 10-22-12 73 1 JUDGE TINLEY: -- under the Sheriff's Department, 2 the last item, L.C.R.A., the radio tower. 3 MS. HARGIS: That's our leases. We have to lease 4 that tower. 5 JUDGE TINLEY: That's an annual cost, 24,000? 6 MS. HARGIS: Mm-hmm. 7 JUDGE TINLEY: Somehow I had the impression that we 8 got a free ride on that. Obviously, that's not the case. 9 MS. HARGIS: No, but I will check it. But as far 10 as I know, it's an annual. 11 JUDGE TINLEY: Okay. Any other questions or 12 comments? 13 COMMISSIONER BALDWIN: Yes, sir. Page 4, I just 14 want to make a point, that this is -- this is elections cost, 15 and it looks like a total of $41,000, just our part to have 16 this election coming up. That's a lot of money, in my 17 opinion, and so let's -- we got to go vote. Page 22, just 18 something I'm curious about here. The J.P. Morgan credit 19 card, I see the Auditor used it, and I think I saw where the 20 County Treasurer used it as well. How many -- how many 21 credit cards do you have? How many do we have county-wide? 22 MS. HARGIS: County-wide? The Sheriff's Office 23 has, I think, eight. Juvenile Probation has, I think, about 24 seven, and then Kevin Stanton has one and I have one. 25 Everybody in this courthouse uses mine. If they go on a -- 10-22-12 74 1 for hotel reservations, conferences and so forth, there's 2 only one here. It's all we have. But everybody signs it 3 out, tells me what they're going to do with it, and verifies 4 that cost. 5 COMMISSIONER BALDWIN: When you say "mine," you 6 mean -- 7 MS. HARGIS: It's in my name. 8 COMMISSIONER BALDWIN: It's in your name, but it's 9 a county card? 10 MS. HARGIS: It's a county card. That's the first 11 time I've ever used it. 12 COMMISSIONER BALDWIN: Is it really? 13 MS. HARGIS: Mm-hmm. 14 COMMISSIONER BALDWIN: Good for you. 15 COMMISSIONER LETZ: Jody, did you pick up on that? 16 She's got one; you don't have to get mine. 17 MS. GRINSTEAD: I know. 18 MS. HARGIS: No, no, no. 19 COMMISSIONER BALDWIN: Yeah, start using hers 20 instead of ours. That's all, Judge. Thank you. 21 JUDGE TINLEY: All right. Any other questions or 22 comments on the bills? All in favor of the motion, signify 23 by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 10-22-12 75 1 (No response.) 2 JUDGE TINLEY: The motion carries. We have no 3 budget amendments; is that correct? 4 MS. HARGIS: No, we do have one. 5 JUDGE TINLEY: Oh, excuse me. To -- to bring in 6 the donations from the Turtle Creek School. That's these 7 funds that Ms. Snodgrass presented this morning, right? 8 MS. HARGIS: That is correct. And we need to 9 change the amount from 500 to 585. 10 JUDGE TINLEY: Okay. 11 MS. HARGIS: So, it's basically accepting her 12 donation, and then we have set up a special line item for the 13 Turtle Creek School. 14 JUDGE TINLEY: Donations fund. 15 MS. HARGIS: Yes. 16 JUDGE TINLEY: Okay. Do I hear a motion to approve 17 the indicated budget amendment? 18 COMMISSIONER BALDWIN: So moved. 19 COMMISSIONER LETZ: Second. 20 JUDGE TINLEY: Motion made and seconded for 21 approval as indicated. Question or discussion? All in favor 22 of the motion, signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 10-22-12 76 1 JUDGE TINLEY: The motion does carry. No late 2 bills, I presume? 3 MS. HARGIS: No, sir. 4 COMMISSIONER OEHLER: What about the ones that we 5 approved this morning for the draw orders from the show barn? 6 Ms. Auditor? 7 MS. HARGIS: Yes, sir? 8 COMMISSIONER OEHLER: The ones that were presented 9 for payment for the show barn -- 10 MS. HARGIS: Yes, sir. 11 COMMISSIONER OEHLER: -- amendment. Are those part 12 of the -- 13 MS. HARGIS: Yes, sir, they're in there. 14 COMMISSIONER OEHLER: They are in there? 15 JUDGE TINLEY: I saw -- I remember one large one. 16 COMMISSIONER OEHLER: I was looking real quick, but 17 I didn't see them. 18 MS. HARGIS: No, we made sure those are in there. 19 COMMISSIONER OEHLER: Okay. 20 JUDGE TINLEY: Okay. 21 COMMISSIONER OEHLER: Thank you. 22 JUDGE TINLEY: Okay. I've been presented with 23 monthly reports for September from Kerr County Treasurer, the 24 District Clerk, and Justice of the Peace, Precinct 1. Do I 25 hear a motion that those reports as presented -- 10-22-12 77 1 COMMISSIONER BALDWIN: So moved. 2 JUDGE TINLEY: -- be approved? I have a motion to 3 approve. 4 COMMISSIONER LETZ: Second. 5 JUDGE TINLEY: And second. Question or discussion? 6 All in favor, signify by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: That motion does carry. Let's take 11 us about a 15-minute recess. 12 (Recess taken from 10:35 a.m. to 11:10 a.m.) 13 - - - - - - - - - - 14 JUDGE TINLEY: Okay, let's come back to order, if 15 we might, and finish up our agenda. Section 5, reports from 16 Commissioners in connection with their liaison/committee 17 assignments. Commissioner Letz? 18 COMMISSIONER LETZ: I don't believe I have 19 anything, other than a bunch of grants and things working. 20 Oh, I do have one. I do have one, now that I think long 21 enough. The -- it's an important one, come to think of it. 22 JUDGE TINLEY: That's good. 23 COMMISSIONER LETZ: The eastern Kerr/Kendall 24 regional water group, there is a -- we met last week, and 25 there is a -- a regional water planning grant application 10-22-12 78 1 that is due December 20th. And I have visited with 2 Mr. Drozdick at Tetra Tech, and he has volunteered to prepare 3 the grant application at no charge. And if we were to 4 receive it, then we would have to go out for some sort of 5 bid, and they may or may not receive it, but -- 6 JUDGE TINLEY: I see. 7 COMMISSIONER LETZ: We obviously can't make a 8 decision on it today, but -- hope the Auditor doesn't throw 9 things at me here. I -- I somewhat volunteered that -- 10 MS. HARGIS: Uh-oh. Oh, no. 11 JUDGE TINLEY: Volunteered the Auditor or 12 volunteered yourself? 13 COMMISSIONER LETZ: -- that Kerr County may be 14 interested, or may be able to be the applicant for the grant, 15 as long as we have to put no funds into it at all. And it's 16 a 100 -- it's going to be about a $100,000 grant. It's a 17 50/50 grant, and others are willing to put in the in-kind 18 contribution, either in cash or in actual services, and some 19 monitor well stuff. But none of them felt they had the 20 ability and the expertise, other than G.B.R.A., which we 21 don't want to be the applicant, necessarily, to -- you know, 22 that we could be the applicant. And U.G.R.A. has said that 23 they would be probably willing to take it forward to their 24 board, anyway, some sort of interlocal where they did -- 25 helped out with the administration and a lot of the work on 10-22-12 79 1 the grant, so it would be kind of a joint -- but one person 2 has to be -- you have to have an applicant. We have the 3 M.O.U. So, anyway, that will be back on our next agenda if 4 the County's willing to be that applicant or not. Anyway, 5 we'll have more details at that time. 6 JUDGE TINLEY: Well, all I can say, Jon, is that 7 you obviously had in mind that our Auditor's had considerable 8 experience handling these grant items as a financial officer, 9 and always done an extraordinarily fine job. And -- 10 COMMISSIONER BALDWIN: Always looking for more. 11 JUDGE TINLEY: Oh, yeah. 12 MS. HARGIS: Oh, yeah. 13 JUDGE TINLEY: Willing to help. 14 COMMISSIONER BALDWIN: Willing to help, that's 15 right. That's what we used to call her, "Willing to Help." 16 That's her Indian name. 17 JUDGE TINLEY: I see. 18 COMMISSIONER LETZ: So, anyway, this will be on 19 our -- probably on our next agenda if we get a little more 20 information. I'll visit with Water Development Board. David 21 Meesey is their applicant. The purpose of the grant would be 22 looking at basically the Region J plan, the Region L plan, 23 and looking at some of the regional water solutions in a 24 little bit more depth. And it was also discussed, the 25 possibility if City of Kerrville and/or the City of Boerne 10-22-12 80 1 wanted to join in on this, that there's nothing to preclude 2 that from happening. We're not talking about a whole lot of 3 money. We're talking -- total grant is probably about 4 $100,000. But a lot of this study would be ASR-related. 5 Looks look like throughout the area, maybe where the best 6 spots to do additional ASR's is between Kerrville and Boerne, 7 certainly between Kerrville and eastern Kendall County. 8 COMMISSIONER BALDWIN: Somewhere down around 9 Comfort? 10 COMMISSIONER LETZ: Maybe right around Comfort. 11 (Laughter.) And, like, Cow Creek and -- 12 MR. PRATT: Coincidentally. 13 COMMISSIONER LETZ: -- Cow Creek and Headwaters, 14 both showed an interest in doing some actual science down in 15 that area. They have this in their budgets. Both need to do 16 work in that area. Anyway, so it was a positive meeting, and 17 looked like there's a fair amount of interest in doing some 18 studies, figuring out what could be done. Once you have the 19 ASR component, then the second component is where you put the 20 water before you pump it into the ASR, which would either be 21 off-channel reservoirs, gravel pits, some kind of other 22 reservoir. There's a thing called a positive -- positive 23 reservoir or something like that, which basically you don't 24 build a -- you don't dig a hole; you make a dike around it 25 near the river, and you get water into them, and you line 10-22-12 81 1 them. And G.B.R.A.'s doing that down along the coast, 2 because you can't -- reservoirs in the main river channels is 3 pretty much not going to happen right now in Texas. But you 4 can put them off on the side, and maybe at high flows, pump 5 water into them or something. So, anyway -- 6 JUDGE TINLEY: Is that it? 7 COMMISSIONER LETZ: That's it. 8 JUDGE TINLEY: Commissioner Oehler? 9 COMMISSIONER OEHLER: One of the projects we've got 10 going, and we've approved through court action, was putting 11 the interceptor in out at the project barn. That is -- it 12 has come and is sitting in the ground. All the piping 13 appears to be run except for tying into the city sewer. 14 Concrete work was done prior to the last court meeting on the 15 trough to catch all the wash down from the hog pens. I 16 believe the ditch work is done as of last week. I wasn't out 17 there later in the week, but it appears that the restroom 18 that we've approved for that project barn is -- is going 19 forward. All that -- all that's moving real well. And Road 20 and Bridge has got the ditch dug for the all the rainwater 21 catchment on the -- between the two buildings, the new and 22 the indoor arena. The piping for that came in Friday. Barry 23 Walls told me that he will have it installed this week, and 24 Road and Bridge will cover those ditches, and so that will be 25 a good thing. The fire line we've been talking about, Jim 10-22-12 82 1 Maxwell is in the process of -- of redrawing the location for 2 that out there to make it easier to do the digging and 3 installation, rather than where he had proposed it to begin 4 with. The City is going to require that we bed that in some 5 pea gravel, which, you know, that's just the way it is. I 6 mean, it's not a big deal. We'll just, you know, go down the 7 road to Martin Marietta, pick up a little pea gravel, and 8 being as it is now an extension of their fire line, they do 9 have some requirements, that being one of them. And they're 10 also in support of the new location because of the ease of 11 service in case, you now, we ever have a problem with it, as 12 well as installation. So, Janie just caught the last of nine 13 llamas that, you know, kind of mysteriously appeared in Kerr 14 County from Gillespie County from some lady that couldn't 15 keep them any more, and she had the last one in the trailer a 16 while ago, trespassing on a man's property out there on the 17 Goat Creek for quite a while now, and has had -- spent a lot 18 of time catching the darned things. And she has a lady that 19 is taking those; it's a llama rescue that happens to be just 20 past my house, and that's a good thing. She's taking care of 21 them and finding homes for them. And I guess that's about 22 it. 23 JUDGE TINLEY: Okay. Commissioner Baldwin? 24 COMMISSIONER BALDWIN: No, sir, thank you. 25 JUDGE TINLEY: Okay. Reports from elected 10-22-12 83 1 officials or department heads? 2 MS. HARGIS: Did you want to do Item 17? 3 JUDGE TINLEY: Pardon? 4 MS. HARGIS: Item 17? 5 JUDGE TINLEY: I'm going to get to that 6 momentarily. 7 MS. HARGIS: Well -- 8 JUDGE TINLEY: Okay, you got something? 9 MS. HARGIS: I just want to formally thank 10 everybody for participating in my conference. It was a great 11 success. Actually, on the last day, when Keith did the -- 12 basically said a prayer for them to send them home, he asked 13 them if they wanted to come back to Kerrville next year, and 14 there was an overwhelming applause to come back. And I went, 15 "Oh, no. No, you need to go to Abilene first, and then come 16 back." 17 COMMISSIONER BALDWIN: Is that where you go, 18 Abilene next? 19 MS. HARGIS: Abilene next, and then Waco and then 20 El Paso. So, they kind of try to keep it three years out. 21 So I'm done. We did it. This is the first time Kerr 22 County's ever done it. People said that this -- we are the 23 smallest county that has ever put on this conference, and 24 they didn't know how we did it, because we were so little. 25 And we had better printed materials and everything. 10-22-12 84 1 Everybody came up and said it was the best conference they 2 ever attended, so I was really pleased. They loved 3 Kerrville. They spent a lot of money, had a great time, so I 4 feel good about it. You know, we brought some money to town, 5 so we're happy. And -- but I do appreciate -- Commissioner 6 Oehler gave us a cross; it was beautiful. It was on his 7 wall, for -- for our bags and baskets. And some of the other 8 people in the courthouse were -- gave us those, and so it was 9 -- it was really a great success, and we had a lot of people 10 there. We had both our district judges. We had a district 11 judge from Harris County. We had Scott and White 12 representatives to talk about the hospitals and the indigent 13 care, and we also had our two representatives, both Harvey 14 Hilderbran and Doug Miller, so we had a representative for 15 about, what, 20 counties, I guess, altogether between the two 16 of them. So -- 17 JUDGE TINLEY: Good. 18 MS. HARGIS: -- it went really well, and I 19 appreciate y'all letting me do it. Thank you. 20 JUDGE TINLEY: Okay. I was down there for a bit on 21 a couple of different occasions, and everything seemed to be 22 going just super, and heard a lot of nice comments myself. 23 So, we -- now that you're accomplished in doing this thing, 24 well, the next one will be a whole lot easier. Always is, 25 isn't it? 10-22-12 85 1 COMMISSIONER BALDWIN: Absolutely, it is. 2 JUDGE TINLEY: Okay. Do you have anything, 3 Ms. Soldan? 4 MS. SOLDAN: No, sir. 5 JUDGE TINLEY: Rob? 6 MR. HENNEKE: Yes, sir. Part of the ESD ballot 7 process requires the County formally notify the existing 8 ESD's that there's a proposed ESD, and then they have to 9 respond, adopting a statement of their services. I have the 10 template of the letter from our ESD attorney. My question 11 is, Judge, do you want that to come from yourself, from 12 myself, or from anyone on the Court? Or from -- our attorney 13 directly in Austin can send it. 14 JUDGE TINLEY: What's the normal protocol, as far 15 as you know? 16 MR. HENNEKE: It -- he didn't say. He said it 17 needs to be sent, you know, from the County. And if you 18 would like for me to send it on behalf of the County, please 19 let me know. I don't think it makes a difference, as long as 20 there's the notification. 21 JUDGE TINLEY: Well, I think it's important that we 22 do it here so we know that it's done. 23 MR. HENNEKE: I can forward that up to Jody to put 24 under your letterhead, if you'd like to do that. 25 JUDGE TINLEY: That's probably -- okay. All right. 10-22-12 86 1 MR. HENNEKE: Thank you. 2 JUDGE TINLEY: Anything else? Elected officials? 3 Department heads? 4 COMMISSIONER BALDWIN: I want to make a comment 5 about -- 6 JUDGE TINLEY: Yes, sir? 7 COMMISSIONER BALDWIN: -- about the dinner thing in 8 Fredericksburg. I don't -- I'm not sure what the lady meant, 9 but I was out there trying to serve food, and -- and she was 10 an auditor, and she walked up to me and under her breath, she 11 says, "Aha, commissioners serving food to auditors." 12 (Laughter.) That's -- I just wanted to share that with you. 13 JUDGE TINLEY: And we're now free to attach our own 14 interpretation to whatever that meant? 15 COMMISSIONER BALDWIN: Yes, sir. 16 JUDGE TINLEY: Okay. Well, I appreciate that. 17 COMMISSIONER BALDWIN: I think it meant -- 18 COMMISSIONER OEHLER: As opposed to serving 19 something else, do you think? 20 COMMISSIONER BALDWIN: Well, no. I think she -- 21 what she was saying is that the auditors can't be trusted, 22 maybe. Or there's a long running battle between 23 Commissioners Court and auditors. 24 COMMISSIONER OEHLER: Think so? 25 COMMISSIONER BALDWIN: Well, I think that's kind of 10-22-12 87 1 what -- I don't know. 2 COMMISSIONER OEHLER: Can't imagine where that came 3 from. 4 COMMISSIONER BALDWIN: I've never been involved in 5 anything like that, so I don't know what the in the world she 6 was talking about. 7 JUDGE TINLEY: You certainly have no personal 8 knowledge of that. 9 COMMISSIONER BALDWIN: Weird bunch. That's all I 10 know. 11 JUDGE TINLEY: Okay. Let's go back and pick up our 12 addendum item, Item 17; to consider, discuss, take 13 appropriate action to purchase 2009 Ford Escape to be used as 14 courthouse vehicle. Ms. Hargis? 15 MS. HARGIS: I was absent when y'all made that 16 decision, so -- 17 JUDGE TINLEY: We made no decision, actually. We 18 deferred on it. 19 MS. HARGIS: So I didn't know what you did. So, he 20 is still holding onto that vehicle in case y'all wanted to 21 change your mind or wanted to do something else. It will be 22 more expensive now, though, because we're not using the 23 trade-in, so -- we are in the process of selling the Jeeps. 24 JUDGE TINLEY: Based upon the latest bids I saw, 25 the actual net cost would be less, because those two Jeeps 10-22-12 88 1 are on Gov.deals, and the aggregate amount that is bid so far 2 is more -- not a great deal, but a few hundred dollars, at 3 least by the latest bids, more than what was going to go down 4 as trade-in. 5 COMMISSIONER OEHLER: It's been my experience on 6 Gov.deals that right when it gets right down to the last five 7 minutes, the thing starts jumping. 8 COMMISSIONER BALDWIN: Something happens? 9 COMMISSIONER OEHLER: There's some people that get 10 involved in bidding, from personal experience, that makes 11 those things cost more than what you'd sometimes be willing 12 to pay. 13 JUDGE TINLEY: I see. Well, I guess the issue 14 before us this morning is whether or not we -- we authorize 15 the purchase of this particular vehicle. The Auditor's seen 16 it. I've seen it. Mr. Bollier's seen it. Seems like a 17 rather practical vehicle. I understand that Buster may have 18 a hard time putting it on, but -- 19 COMMISSIONER BALDWIN: Yeah. Or getting it off, 20 actually. 21 JUDGE TINLEY: Or getting it off, okay. Putting it 22 on is probably okay? It is a four-door. It'd probably be 23 tough to have four large men in that thing. 24 COMMISSIONER BALDWIN: What's the cost? Give me a 25 number. 10-22-12 89 1 JUDGE TINLEY: 12,8 would be the total amount 2 without any trades, is what -- what it's been proposed. 3 MS. HARGIS: It is -- it is a nice looking vehicle. 4 It has -- it was a tow car. 5 JUDGE TINLEY: 60,000 miles, but it was towed 6 behind, so how many miles of the engine running was probably 7 significantly less than that, because it was a tow car. 8 MS. HARGIS: It looks brand-new inside and out. 9 There's no scratches or anything on it. So -- but it's -- 10 it's not my call. It's y'all's, whatever y'all want to do. 11 COMMISSIONER BALDWIN: That's right. What about 12 this -- what is the county policy now if we have -- is there 13 something in there about if we have a county vehicle like 14 this, you shall use this vehicle to go to Uvalde in? Or 15 we're still going to maintain the -- the travel allowance for 16 our own vehicles, or, you know, what's -- is there anything 17 funny about that? 18 MS. HARGIS: No, sir. Again, I think that would be 19 up to you. Once we had a county vehicle that would -- we 20 could use outside of the city limits, I think it would be up 21 to the Court to decide how that vehicle was used and what you 22 wanted the different departments to use it for. 23 COMMISSIONER LETZ: I hate to -- I mean, I don't 24 want them to hold it, per se, for us. I mean -- 25 JUDGE TINLEY: That's what's happening now. 10-22-12 90 1 COMMISSIONER LETZ: Right. So I think that -- but, 2 I mean, my biggest question is how much of a need is there 3 for it? And if there's -- you know, and I'm not -- I don't 4 use it. 5 COMMISSIONER OEHLER: Not going to. 6 COMMISSIONER LETZ: And don't plan to use it, so if 7 I hear from the District Clerk or the County Clerk or the 8 Treasurer, some of these people that are making regular trips 9 to the banks and driving around town, if they think there's a 10 need for it, they need to let me know, or let us know on the 11 Court. I'm not in favor of just buying a car to let it sit 12 in the parking lot. I know the Jeeps were used some, but how 13 much I don't really have a good idea. So, that's kind of 14 where I am on it. I mean, I have no problem with people 15 using their personal vehicles a little bit. It's not going 16 to be reimbursed. That's just our policy; we don't reimburse 17 for that. So, if this would be used a great deal, I think 18 it's -- 12,000 is not a huge amount of money, but I'm not 19 going to spend it just to spend it. 20 COMMISSIONER OEHLER: I agree. 21 JUDGE TINLEY: I've had expressions from -- well, 22 we've heard from the Tax Assessor that it would be used both 23 locally and conferences, doubling up, and when multiple 24 people were sent. I think the Treasurer has indicated a use 25 for it. The District Clerk engaged me in a discussion 10-22-12 91 1 earlier this last week, as a matter of fact, about not 2 reimbursing for in-county mileage, which, of course, is our 3 policy; we do not reimburse for in-county mileage. This all 4 started with the Extension people. And she was concerned 5 about the Friday court, her people having to pack stuff back 6 and forth and various and sundry other things that they did 7 here in town, and was wanting some resolution of that, and 8 said, "If you guys buy that vehicle, I want to reserve it 9 right now for every Friday morning." So -- or at least every 10 Friday morning that we hold that court. There may be 11 sometimes when it doesn't. Clerk's office -- County Clerk's 12 office may have some use. 13 THE CLERK: I would use it every day I have to go 14 to the bank if it were available. I used to use the Jeeps 15 until I heard that they were breaking down on people. 16 COMMISSIONER LETZ: Well, the -- 17 JUDGE TINLEY: And may have hauled questionable 18 items? 19 THE CLERK: Yes. 20 COMMISSIONER LETZ: If that's the case, I mean, 21 it's -- I'm -- it's fine to go to buy them. I mean, the -- 22 12,000 is the price now, and it's 12,000 less the -- 23 JUDGE TINLEY: 12,8, and then, of course, what we 24 recover on Gov.deals would be offset against that, so our net 25 cost is going to be -- assuming those people honor their 10-22-12 92 1 bids, is going to be somewhere under 10. And I believe -- 2 COMMISSIONER OEHLER: I don't really object too 3 much, if it's going to be used. But if it's going to sit 4 down there in the parking lot -- 5 JUDGE TINLEY: Has to be used. 6 COMMISSIONER OEHLER: Who's going to put gas in it? 7 Who's going to check the tires? Who's going to take care of 8 the oil? Who's going to take care of those things to make 9 sure when somebody wants to use it, it's ready to go? That's 10 going to take somebody's time to do that. Doesn't need gas 11 very often if no more miles are being driven than what's 12 going to be driven here. You're talking about what, 2 miles 13 out to the jail once a week. You're talking about going to 14 the bank, round trip, 3 miles. 15 JUDGE TINLEY: Daily. 16 COMMISSIONER OEHLER: Daily. 17 JUDGE TINLEY: Mm-hmm. 18 COMMISSIONER OEHLER: You're not talking about very 19 many miles here that it's going to be driven. 20 COMMISSIONER LETZ: Right. 21 COMMISSIONER OEHLER: And as far as using it 22 outside the county, anybody that takes it outside the county, 23 that takes away from the ones wanting to use it inside the 24 county, so what do we do? 25 MS. HARGIS: Well, there -- you know, the Tax 10-22-12 93 1 Assessor's office sends four clerks at a time, and they are 2 taking one car. I think they would probably use it to go out 3 of town in. You're right, that would. But that would 4 actually save us money. 5 COMMISSIONER OEHLER: Save you money on high 6 mileage. 7 MS. HARGIS: Save money on high mileage, because we 8 are paying out a lot on that. I mean, they do -- and they 9 group up. They -- but there's four of them that go. You 10 know, the other thing, you know, is safety. You know, we 11 kind of -- after this conference, had kind of talked about it 12 a little bit. You know, we have a lot of our people going to 13 the bank without -- themselves, you know, and not a good 14 thing. We probably should ask one of our constables to do 15 that. When I was at the other location down the street, I 16 actually did have the -- it was the bailiff or -- that came 17 over and took the money every day at a certain time, because 18 it's safer to have them take it. They're in sealed bags 19 anyway, but it is kind of uncomfortable if you know you got a 20 lot of cash on you and somebody's watching you, even though 21 we've done it for years. You know, our -- our cash is -- you 22 know, just like the 500-something dollars. You know, Tracy's 23 going to put it in her car and drive, and people watch her 24 habits. And -- but I think it would be nice to have a 25 vehicle, like if -- if one of y'all really could use it if 10-22-12 94 1 you were going for a full day. Here's the reason why I would 2 prefer that; you need to think about it. Your insurance -- 3 the insurance that we carry will not cover your car if you 4 have an accident. You're going to have to do your own. If 5 you rent a car, they will cover it. If you drive in our 6 vehicle, it's covered. So, you know, most of y'all are so 7 used to driving your own vehicle, but if you had some -- say, 8 for instance, when you got Region J or something, if you 9 wanted to do that, it might be better that way. I mean, I 10 had it happen to me right before I came here. I was going to 11 the water -- T.C.E.Q. had an appointment with my board, and 12 one of my board members decided to drive. And we did, and we 13 got hit by a deer. The deer actually hit us. And he was 14 pretty upset. We ended up paying his deductible, $4,500. 15 And then we ended up coming back in the dark without lights, 16 so it's kind of dangerous. But -- 17 JUDGE TINLEY: The other issue, when you're talking 18 about coverage, it occurs to me that if you're transporting 19 county funds to the bank in a private vehicle, you may have 20 some coverage issues if there's incidents of crime, whereas 21 if you're in a county vehicle, it would be -- probably would 22 not be an issue raised. But I don't know; that may be 23 splitting hairs. 24 MS. HARGIS: I don't know. I don't know about 25 that. But I do know a lot of people have used it. I mean, 10-22-12 95 1 you're exactly right, though. It's not going to get a lot of 2 miles. This car will probably last us 10 years, and -- or 3 more. 4 COMMISSIONER OEHLER: Well, I guess I -- I guess 5 what I'm going to say at the end of this in my -- from my 6 part of it, is maybe we need to think about this a little 7 longer. If we're going to think about a dual-use vehicle, 8 you know, for -- if a group of people from one office or 9 another is going to go out of town for a conference for two 10 or three days, four or five people don't ride well in a car. 11 I mean, there are some other great mileage vehicles. There 12 are small minivans, S.U.V.'s, stuff like that, that might 13 serve a better purpose than some little, bitty vehicle that 14 Buster can't, you know, unload. 15 COMMISSIONER LETZ: Not Buster. 16 COMMISSIONER OEHLER: Or me either, for that 17 matter. I'm not going to use it, but man, we ought to think 18 about what is it that's going to serve the best need, rather 19 than just knee-jerking, kind of like our deal with the 20 Christmas tree this morning. 21 COMMISSIONER BALDWIN: Yeah. 22 COMMISSIONER OEHLER: Let's give this some thought 23 and come up with a -- 24 JUDGE TINLEY: Okay. 25 COMMISSIONER OEHLER: -- with a vehicle that's 10-22-12 96 1 going to serve more than just great gas mileage, that's going 2 to go in town and run 100 miles a month. 3 COMMISSIONER BALDWIN: But if -- you know, we never 4 use that gazebo for anything, but if you put it out here, you 5 can have weddings in it. 6 COMMISSIONER OEHLER: Well, we just now -- Rob was 7 the photographer a while ago, and I was a witness to a 8 wedding while we were out there. 9 COMMISSIONER BALDWIN: I see them out there all the 10 time. 11 JUDGE TINLEY: I had one last Thursday out there. 12 MR. HENNEKE: The bride said I took nice pictures. 13 COMMISSIONER OEHLER: That's just my feeling. For 14 now, I think we ought to look at it. 15 COMMISSIONER BALDWIN: I agree. 16 COMMISSIONER OEHLER: If we're going to get a 17 vehicle, let's get the right -- 18 COMMISSIONER BALDWIN: One of those vans are neat. 19 They're neat. 20 COMMISSIONER OEHLER: I own one, and they're not 21 very expensive, and they get 20 -- 22 to 26 miles a gallon. 22 They're comfortable for up to six people. 23 COMMISSIONER BALDWIN: There you go. We'll just 24 use yours. 25 COMMISSIONER OEHLER: No, you're not going to use 10-22-12 97 1 mine. (Laughter.) 2 JUDGE TINLEY: Any member of the Court have a 3 motion to offer in connection with this agenda item? 4 COMMISSIONER BALDWIN: Negative. 5 JUDGE TINLEY: Hearing none, any further business 6 to come before the Court on this agenda? 7 COMMISSIONER BALDWIN: Negative. 8 JUDGE TINLEY: We'll be adjourned. 9 (Commissioners Court adjourned at 11:34 a.m.) 10 - - - - - - - - - - 11 12 13 STATE OF TEXAS | 14 COUNTY OF KERR | 15 The above and foregoing is a true and complete 16 transcription of my stenotype notes taken in my capacity as 17 official reporter for the Commissioners Court of Kerr County, 18 Texas, at the time and place heretofore set forth. 19 DATED at Kerrville, Texas, this 25th day of October, 20 2012. 21 22 JANNETT PIEPER, Kerr County Clerk 23 BY: _________________________________ Kathy Banik, Deputy County Clerk 24 Certified Shorthand Reporter 25 10-22-12