1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Monday, December 10, 2012 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: PAT TINLEY, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 TOM MOSER, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X December 10, 2012 2 PAGE 3 --- Commissioners' Comments 6 4 1.1 Consider/discuss, take appropriate action to open & read cost proposals submitted for 5 County's 710065 OSSF grant for septic system installation and mitigation for Round Two 6 approved homeowners 9 7 1.2 Consider/discuss, take appropriate action to approve homeowner at 128 Grey Moss Court, 8 Ingram, Texas, for OSSF assistance as part of County's 710065 OSSF grant 10 9 1.3 Presentation of a framed photograph of James 10 Kerr to be gifted to Kerr County 12 11 1.4 Use of Flat Rock Park for UGRA Annual River Clean Up to be held July 27, 2013, from 7 a.m. to 1 p.m. 14 12 1.5 Consider/discuss, take appropriate action to 13 accept Community Development Partnership Program grant from LCRA in the amount of $25,000 16 14 1.6 Consider/discuss, take appropriate action 15 regarding surety bond for county Tax Assessor- Collector and/or deputies as required by Texas 16 Tax Code and State Comptroller 20 17 1.8 Consider/discuss, take appropriate action to appoint/reappoint members to the Kerr County 18 Historical Commission, submit current membership list to Texas Historical Commission 22 19 1.9 Consider/discuss, take appropriate action to 20 approve elected official bond of Kerr County Attorney 24 21 1.10 Consider/discuss, take appropriate action to 22 decide amount of Sheriff's bond 24 23 1.7 Consider/discuss, take appropriate action on resolution to approve and fund construction of 24 new drainage field to correct runway safety area issue and impacted roadway 26 25 3 1 I N D E X (Continued) December 10, 2012 2 PAGE 1.11 Consider/discuss, take appropriate action to 3 address possibility of prohibiting sale or use of restricted fireworks (skyrockets with sticks 4 and missiles with fins) in any portion of the unincorporated area of Kerr County pursuant to 5 Local Government Code § 352.051 for December fireworks season 37 6 1.12 Consider/discuss, take appropriate action to 7 approve contract with Turtle Creek VFD and Kerr County Soil and Water Conservation District; 8 allow County Judge to sign same 41 9 1.13 Consider/discuss, take appropriate action to update status and appoint committee to develop 10 a master plan for the courthouse square 42 11 1.14 Consider/discuss, take appropriate action to approve submission of regional water planning 12 grant application and other related documents to Texas Water Development Board for Eastern Kerr 13 County and Western Kendall County 47 14 1.17 Consider/discuss, take appropriate action on approving sound system proposal for Show Barn 15 and/or Hill Country Youth Event Center 48 16 1.27 Presentation by KPUB of electrical improvements at Kerr County Youth Event Center 59 17 1.18 Update on Aqua Texas mediation and potential 18 proposed legislation concerning water utilities 61 19 1.15 Consider/discuss, take appropriate action regarding Friends of Kerr County Historical 20 Commission funds held in trust by Kerr County, including refund of funds to FKCHC 76 21 1.16 Consider/discuss, take appropriate action to 22 approve agreement with Schreiner University and Friends of Kerr County Historical Commission for 23 improvements at Union Church property 78 24 1.19 Consider/discuss, take appropriate action to open and award RFP's and RFQ's for Texas Community 25 Development Block Grant Contract No. 712025 81 4 1 I N D E X (Continued) December 10, 2012 2 PAGE 1.20 Consider/discuss, take appropriate action 3 regarding Texas Community Development Block Grant Contract No. 712025 83 4 1.21 Consider/discuss, take appropriate action on 5 resolution designating administration and engineering service providers for 2012 Texas 6 CDBG Colonia Construction Fund Contract 712025 -- 7 1.22 Consider/discuss, take appropriate action on resolution to designate authorized signators 8 for 2012 Texas CDBG Colonia Construction Fund Contract 712025 -- 9 1.23 Consider/discuss, take appropriate action to 10 appoint Dr. Lillian Ringsdorf as Kerr County Local Health Authority 87 11 1.24 Consider/discuss, take appropriate action 12 regarding monitoring fire sprinkler system and contracting for services at Hill Country Youth 13 Event Center 95 14 1.25 Consider/discuss, take appropriate action to set and/or confirm official Kerr County policy(ies) 15 on acceptance or not of cash in payment of obligations to Kerr County, or obligations for 16 which Kerr County is acting as collection agent 100 17 1.26 Consider/discuss, take appropriate action to approve elected official bond of Constable, 18 Precinct 2, Joel Ayala 111 19 4.1 Pay Bills 112 4.2 Budget Amendments --- 20 4.3 Late Bills --- 4.4 Approve and Accept Monthly Reports 112 21 5.1 Reports from Commissioners/Liaison Committee 22 Assignments 113 5.2 Reports from Elected Officials/Department Heads 122 23 --- Adjourned 123 24 25 5 1 On Monday, December 10, 2012, at 9:00 a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regularly scheduled meeting of the 9 Kerr County Commissioners Court posted and scheduled for this 10 date and time, Monday, December 10, 2012, at 9 a.m. It is 11 that time now. Commissioner Baldwin? 12 COMMISSIONER BALDWIN: Yes, sir, thank you. Let's 13 rise and have a word of prayer, and then the pledge of 14 allegiance. 15 (Prayer and pledge of allegiance.) 16 JUDGE TINLEY: Thank you. Please be seated. At 17 this time, if there's any member of the public or audience 18 that wishes to be heard on any matter which is not a listed 19 agenda item, this is your opportunity to come forward and 20 tell us what's on your mind. If you wish to be heard on an 21 agenda item, we'd prefer that you fill out a participation 22 form. There should be one at the rear of the room. It's not 23 essential, but it helps me to know that we have someone from 24 the public that wishes to be heard on a particular item. If 25 you have not, however, filled out a participation form and 12-10-12 6 1 wish to be heard on an item, get my attention in some manner 2 when we get to that item, and I'll be happy to recognize you 3 and give you that opportunity. But right now, if there's any 4 member of the public or audience that wishes to be heard on a 5 matter which is not a listed agenda item, please come forward 6 and tell us what's on your mind. Seeing no one coming 7 forward or otherwise trying to get my attention to do so, we 8 will move on. Commissioner Baldwin, what do you have for us 9 this morning? 10 COMMISSIONER BALDWIN: Oh, I understand it's going 11 to get cold tonight. Burn ban in Precinct 1 is on. I think 12 it's a little bit too dry to actually be burning brush and 13 those kinds of things. I don't know that popping a 14 firecracker would be that dangerous, but nevertheless, 15 burning brush I believe is because of the high winds, and 16 dryness. Local boy done good in New York over the weekend. 17 That was a lot of fun. Still going to be a lot of fun. 18 That's about it. We're going to have a good time today. 19 JUDGE TINLEY: Commissioner Moser? 20 COMMISSIONER MOSER: Burn ban's on in Precinct 2. 21 I was thinking this morning about Johnny Manziel being the 22 first freshman Heisman trophy winner. Also in Kerr County, 23 we have the last guy to walk on the moon, so we got both ends 24 of the spectrum. Somehow, we need to bring -- think about 25 how to bring that together in Kerr County, these -- these two 12-10-12 7 1 great achievers. The other thing is economic development. 2 There's some activity under way; K.E.D.C. is heading it, and 3 that's to look at a wine corridor along Highway 173 from the 4 city out toward Camp Verde. There's several -- several 5 people involved in that. They've hired a consultant, and 6 it's to look at some vineyards and some wine-tasting things. 7 Not to compete with the Stonewall/Fredericksburg area, but to 8 continue the corridor around. So, it has a lot of -- a lot 9 of potential, a lot of application to the -- to the county, 10 and so we'll hear more about that, but that's in its infancy. 11 COMMISSIONER OEHLER: Sounds good. 12 JUDGE TINLEY: Anything else? 13 COMMISSIONER MOSER: That's it. 14 JUDGE TINLEY: Commissioner Letz? 15 COMMISSIONER LETZ: I've just been running around a 16 lot, it seems. We have Ag Barn stuff going on, wastewater 17 stuff going on, floodplain stuff going on, library stuff 18 going on, courthouse square stuff going on. So, most of 19 those are on the agenda today, so we'll wait until we get to 20 those topics, but I've been kind of busy. 21 COMMISSIONER BALDWIN: You just need to get you a 22 job and do something with your life. 23 COMMISSIONER LETZ: And burn ban's on as well in 24 Precinct 3. 25 JUDGE TINLEY: Commissioner -- 12-10-12 8 1 COMMISSIONER OEHLER: It's on in 4, too. 2 JUDGE TINLEY: Commissioner Oehler? 3 COMMISSIONER OEHLER: Just continuing to work with 4 the folks at the new show barn, and that's -- it will be 5 pretty intense this week. A lot of things are going to 6 happen, doors going to go up and a lot of finish out, sealing 7 and topping out plumbing fixtures, and trying to get all this 8 done prior to Christmas so they can seal all the floors 9 during the Christmas time, between that and New Year's. I've 10 been kind of behind the scenes working with City of Ingram 11 and a citizens' group wanting to talk about wastewater in the 12 area along Highway 27 that's in the ETJ of Ingram. And 13 there's going to be a little citizens' gathering tonight, and 14 I'll be there, and several other people, to talk about some 15 options. And there's some annexation that's going to be 16 involved possibly in the near future to be able to acquire 17 wastewater for those businesses, and it's not really all that 18 complex, but there -- there are concerns, as there always are 19 when you talk about annexation. So, I'm kind of -- we'll see 20 if I get my head skinned tonight, or whether, you know, I 21 survive. But I don't think it's going to be that violent. 22 It's just -- just kind of moving forward. Those people 23 really want to have wastewater, and it would really be 24 advantageous for them to get it. So, that's -- that's going 25 on tonight. And we just hope everybody doesn't have busted 12-10-12 9 1 water pipes in the morning, and I'm -- that's it. 2 JUDGE TINLEY: Okay. My congratulations to Johnny 3 Football, Johnny Manziel, Johnny Heisman, whatever his 4 nickname for the day is. Truly an extraordinary achievement 5 for a Tivy High School graduate, freshman ball player from 6 A & M. Why in the world U.T. didn't -- didn't see that one 7 is just beyond me. Just absolutely -- 8 COMMISSIONER BALDWIN: Mack. 9 JUDGE TINLEY: Yeah, Mack. That may be part of 10 Mack's retirement plan. 11 COMMISSIONER MOSER: I hope. 12 COMMISSIONER BALDWIN: Yeah, no kidding. 13 JUDGE TINLEY: Okay. Let's get on with our agenda. 14 First item is a 9:05 timed item; consider, discuss, take 15 appropriate action to open and read cost proposals submitted 16 for the County's 71.0065 O.S.S.F. grant for septic system 17 installation and mitigation for Round Two approved 18 homeowners. Mr. Garcia? 19 MR. GARCIA: Morning, Judge. Good morning, 20 Commissioners. 21 JUDGE TINLEY: And Mr. Letz is opening these bids. 22 The first one we have is from JAT Construction. There are 23 various amounts as to various properties, ranging from a low 24 of 6,500 to a high of 10,280. The second bid is from 25 Environmental Services, Mr. Arreola. They range from a low 12-10-12 10 1 of $4,712.10 to a high of -- looks like $8,703, and either 73 2 or 13 cents; not sure which that is. Next bid is from Arturo 3 Alva, ranging from a low of 6,500 to a high of 12,000. And 4 the last one is from Vlasek Pump, a low of 9,950 to a high of 5 $12,200. 6 COMMISSIONER LETZ: Judge, I move we accept the 7 bids and refer them to Environmental Health Department for 8 review and recommendation. 9 COMMISSIONER OEHLER: Second. 10 JUDGE TINLEY: Motion made and seconded as 11 indicated. Question or discussion on the motion? All in 12 favor of the motion, signify by raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: That motion does carry. Let's go to 17 our 9:10 timed item -- we're about to catch up -- to 18 consider, discuss, and take appropriate action to approve 19 homeowners for O.S.S.F. assistance at the following addresses 20 as part of the County's 710065 O.S.S. grant. Did I say 21 "O.S.S."? 22 MR. GARCIA: O.S.S.F. 23 JUDGE TINLEY: O.S.S.F. grant. 128 Grey Moss Court 24 in Ingram, that being in Westwood Oaks. 25 MR. GARCIA: I'm going to defer to Ms. Shirley 12-10-12 11 1 here, our office administrator. 2 MS. SHIRLEY: Ms. Ruiz at this 128 Grey Moss has 3 met all requirements and is good to go for the next part of 4 the grant evaluation. 5 JUDGE TINLEY: You're recommending approval, the 6 department is? 7 MR. GARCIA: Yes, we are. 8 JUDGE TINLEY: Okay. 9 COMMISSIONER OEHLER: I move for approval -- 10 COMMISSIONER BALDWIN: Second. 11 COMMISSIONER OEHLER: -- of the agenda item. 12 JUDGE TINLEY: Motion made and seconded for 13 approval. Question or discussion? All in favor, signify by 14 raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: That motion does carry. 19 MR. GARCIA: Judge? 20 JUDGE TINLEY: Yes? 21 MR. GARCIA: I just want to say something real 22 quick. Julie doesn't know this, but I wanted to recognize 23 her on this grant, and everything that she's been doing with 24 this grant since it started. She's been my right hand down 25 there for quite some time, and she's done a tremendous job, 12-10-12 12 1 an outstanding job down there helping these folks get 2 qualified, and going above and beyond what everyone expected. 3 She's contacted and basically made a lot of good friends with 4 these folks too, helping them out. And I don't think they 5 realize how much she does aside from what Grantworks is 6 doing. Julie has put a lot of effort into this grant since 7 it started, so I just want to recognize her in front of the 8 Court and in front of everybody here -- 9 MS. SHIRLEY: Thank you. 10 MR. GARCIA: -- for her good work. 11 COMMISSIONER OEHLER: Thank you very much. 12 COMMISSIONER BALDWIN: Thank you, Julie. 13 JUDGE TINLEY: Thank you, Julie. 14 COMMISSIONER OEHLER: Good job. 15 JUDGE TINLEY: Okay. Let's go to our first 9:15 16 timed item. I see that we have the honorable Joe Herring 17 here present. Presentation of a framed photograph of James 18 Kerr to be gifted to Kerr County. 19 MR. HERRING: Judge, Court. 20 JUDGE TINLEY: Mr. Joe Herring, Jr. Good to have 21 you here with us. 22 MR. HERRING: Nice to see you. As you probably 23 know, I collect Kerrville and Kerr County items. Recently, I 24 received an extremely rare image of James Kerr, the man for 25 whom Kerr County and Kerrville are named. It's not a 12-10-12 13 1 photograph, because it probably predates photographs. I'm 2 not exactly sure what the original image is, although I 3 believe the thing that I have in my collection is the 4 original. A warning. Major Kerr won several frontier 5 contests called "Uglying for the Knife," which means he won a 6 knife if he was the ugliest man in the contest. You'll just 7 have to judge for yourselves. (Laughter.) I hope y'all find 8 a place for this in the courthouse somewhere. 9 COMMISSIONER BALDWIN: Oh, yeah. 10 COMMISSIONER MOSER: Oh, yeah, he got the ugly 11 award. 12 MR. HERRING: I think he distorted his face during 13 the contest to make it even more pronounced. Anyway, that's 14 James Kerr for whom Kerrville and Kerr County are named. 15 COMMISSIONER BALDWIN: Thank you, Joe. 16 JUDGE TINLEY: Mr. Herring, we do appreciate this. 17 We will find a permanent place to display this. It is part 18 of the history and archives of this county. 19 MR. HERRING: You'll notice on the back is already 20 a prepared card with sticky on the back, if you want to place 21 it under the photo so people know who they're looking at. 22 COMMISSIONER BALDWIN: Very good. 23 MR. HERRING: Thanks, guys. 24 JUDGE TINLEY: Thank you very much. 25 COMMISSIONER BALDWIN: Merry Christmas. 12-10-12 14 1 COMMISSIONER OEHLER: Thanks, Joe. 2 JUDGE TINLEY: That can either be removed and 3 placed below it, or reproduced. Nice. 4 COMMISSIONER BALDWIN: When you hold him up and I 5 look at y'all, he looks pretty good. (Laughter.) 6 JUDGE TINLEY: You're not supposed to be doing any 7 comparisons there. 8 COMMISSIONER BALDWIN: Couldn't help it. 9 JUDGE TINLEY: All right. 10 COMMISSIONER OEHLER: I want to know how that fits 11 into your prayer this morning. 12 COMMISSIONER BALDWIN: Well, he's a forgiving God. 13 JUDGE TINLEY: Okay. Let's go to our next 9:15 14 timed item, use of Flat Rock Lake for U.G.R.A. Annual River 15 Cleanup to be held July 27th, 2013, from 7 a.m. though 1 p.m. 16 Ms. Bushnoe? 17 MS. BUSHNOE: Good morning, Judge. 18 JUDGE TINLEY: Good morning. 19 MS. BUSHNOE: Commissioners. U.G.R.A. is hosting 20 the 10th Annual River Cleanup on July 27th, 2013, and I'm 21 just requesting your consideration to use Flat Rock Lake Park 22 for the headquarters of the event. And we have the 23 volunteers spread out at cleanup locations throughout the 24 county, but we need a central location for them to meet up at 25 and to deposit all the trash that they collect. 12-10-12 15 1 JUDGE TINLEY: They're not going to leave it there? 2 MS. BUSHNOE: They're not going to leave it there. 3 JUDGE TINLEY: That's good to know. 4 MS. BUSHNOE: We set up registration tables for the 5 event, some prize tables and refreshment tables, as well as 6 having a little ecological fair down there, so it would be a 7 couple of, you know, tables and tents that we set up that 8 morning and take down by 1 p.m. And we'll definitely make 9 arrangements to insure that that trash pile that the 10 volunteers collect is removed by the end of the day. The 11 City of Kerrville's helped us out with the trash removal in 12 the past, and they've come and taken that to the dump for us, 13 so we're going to hopefully be able to partner with that 14 again. Based on previous years, we've had have about 250 15 volunteers, and we've collected around 10,000 pounds of trash 16 each of last three years, so we've had a great success the 17 last couple years with the event. At this point, I'm 18 planning to designate the area in the vicinity of the boat 19 ramp as the trash drop-off location, 'cause it has the hard 20 surface base there, and then using the area along the river 21 adjacent to that for tents and tables. And I think Flat Rock 22 Park will be a great venue for this event, and I hope that 23 we're able to partner on that together -- 24 COMMISSIONER BALDWIN: Fantastic. 25 MS. BUSHNOE: -- with you. 12-10-12 16 1 JUDGE TINLEY: Mr. County Attorney, the wording of 2 the agenda item, is that adequate for this Court to grant 3 approval this morning? 4 MR. HENNEKE: I think so. 5 JUDGE TINLEY: Okay, thank you. 6 COMMISSIONER MOSER: I move that we accept her 7 recommendation. It's a great thing for the -- for cleanup 8 along the river. I participated in it last year, and I think 9 to put it down in the parking area -- they have big 10 dumpsters, so you need a hard surface for that, so I think 11 that's good. So, I so move. 12 COMMISSIONER LETZ: Second. 13 JUDGE TINLEY: We have a motion and a second 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: That motion does carry. 20 MS. BUSHNOE: Thank you. 21 JUDGE TINLEY: Thank you, ma'am. Let's go to Item 22 5; consider, discuss, take appropriate action to accept 23 Community Development Partnership Program grant from the 24 Lower Colorado River Authority in the amount of $25,000. 25 This is in response to a grant with Ms. Lavender. I don't 12-10-12 17 1 see her present. As most of you know, she's my special 2 projects gal, and she does special projects for the county 3 among other things that she does. And she and others -- I 4 think Ms. Hargis was working with her also to try and get 5 these grant funds as part and parcel of our rainwater 6 catchment system. This grant is the maximum amount under the 7 Community Development Partnership Program of L.C.R.A. for -- 8 for a single grant, so we've maxed out what they had 9 available under that grant program. And in order to comply 10 with the terms of the grant, we must formally accept and 11 agree to be bound by the terms of the grant, and authorize 12 execution of the letter agreement and other pieces of it. 13 Were these submitted to you for review, Mr. County Attorney? 14 MR. HENNEKE: The grant? 15 JUDGE TINLEY: Yeah. 16 MR. HENNEKE: No, sir. 17 JUDGE TINLEY: The grant documents. 18 MR. HENNEKE: No, sir. 19 JUDGE TINLEY: I have a question mark here on the 20 stickum note, "County Attorney approval?" So, it may be 21 appropriate to approve them subject to County Attorney's 22 review and approval. 23 COMMISSIONER LETZ: So moved. 24 COMMISSIONER OEHLER: Second. 25 JUDGE TINLEY: Motion made and seconded to accept 12-10-12 18 1 the grant and execute the documents subject to the County 2 Attorney's review and approval. Question or discussion? 3 COMMISSIONER OEHLER: I will say that part of the 4 reason why they were receptive, I believe, was the fact that 5 we had local participation from two other agencies, which was 6 Headwaters and also L. -- U.G.R.A. 7 JUDGE TINLEY: U.G.R.A., mm-hmm. 8 COMMISSIONER OEHLER: And -- and so I think that 9 helped us to be able to get that. We got letters of support 10 from both. There was some legwork involved in getting all of 11 it so that Rosa could get it done, and just barely made the 12 deadline, but it was presented and we were successful. 13 JUDGE TINLEY: I note that the grant program is 14 called "Community Development Partnership Program," so that 15 ties in exactly as your comments do with regard to other 16 participants in the community. So, the good news is, that's 17 $25,000 towards that rainwater catchment system now that Kerr 18 County does not have to come up with, and we can push that 19 money forward. 20 COMMISSIONER OEHLER: Total of 40. 21 JUDGE TINLEY: Right. 22 COMMISSIONER OEHLER: With the other two. 23 JUDGE TINLEY: With the other two. 24 COMMISSIONER OEHLER: 40,000 toward a $100,000 25 project. 12-10-12 19 1 COMMISSIONER BALDWIN: So all of this will be used 2 at the Ag Barn? 3 COMMISSIONER OEHLER: That's right. 4 JUDGE TINLEY: Rainwater catchment. 5 COMMISSIONER BALDWIN: What are we calling it this 6 week? Event -- 7 COMMISSIONER LETZ: Event center. 8 COMMISSIONER BALDWIN: Event center. 9 JUDGE TINLEY: I think unless we change the sign, 10 it's probably going to be beyond this week. 11 COMMISSIONER BALDWIN: I see. Okay. But we have 12 this catchment program going on over at the jail too, and I 13 didn't know if some of this would leak over there, or -- his 14 is totally done. 15 COMMISSIONER OEHLER: No, that was paid for 16 separately. 17 JUDGE TINLEY: Yeah. 18 COMMISSIONER BALDWIN: Very good, thank you. 19 COMMISSIONER OEHLER: That's designated for that 20 project. 21 COMMISSIONER BALDWIN: Super. 22 JUDGE TINLEY: Okay, we have a motion and a second. 23 Any further question or discussion? All in favor, signify by 24 raising your right hand. 25 (The motion carried by unanimous vote.) 12-10-12 20 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: That motion does carry. Item 6; 4 consider, discuss, take appropriate action regarding surety 5 bond for County Tax Assessor and/or deputies as required by 6 applicable provisions of the Texas Tax Code and State 7 Comptroller. I put this on the agenda in response to the 8 Comptroller's letter which I received, which brought to my 9 attention a separate surety bond by the Tax Assessor to the 10 -- it's actually payable to the governor and/or successors 11 with regard to state funds there. I would think that the 12 Court's action today would be to approve the bond in the 13 amount of that -- that the Tax Assessor obtain a bond in the 14 amount of $100,000, and be payable under the conditions that 15 -- and other stipulations as set forth in the Comptroller's 16 letter. Ms. Bolin, were you planning on acquiring or 17 obtaining separate bonds for your deputies? 18 MS. BOLIN: No, they're covered under the blanket 19 bond that Jeannie has for the county. 20 JUDGE TINLEY: Okay. 21 MS. BOLIN: It's not a requirement of the Local 22 Government Code or the Tax Code. 23 JUDGE TINLEY: Okay. 24 MS. BOLIN: And I already have the bonds in place 25 for the governor and for the County. Jannett's got them, and 12-10-12 21 1 they're due for the 26th meeting for approval. 2 JUDGE TINLEY: What about this particular bond? 3 MS. BOLIN: That's the bond that Jannett has, the 4 100,000 to the governor. 5 JUDGE TINLEY: Okay. 6 COMMISSIONER LETZ: So it will be on the -- 7 MS. BOLIN: We actually have two for me that 8 Jannett's got. 9 COMMISSIONER LETZ: It's on our next agenda? 10 MS. BOLIN: Yes. 11 COMMISSIONER LETZ: So we can pass this item today. 12 MS. BOLIN: Yes. For the 26th, yes. 13 JUDGE TINLEY: Okay. So, we want to roll this one 14 along and run it concurrently with Ms. Pieper's bond for the 15 26th; is that correct? 16 MS. BOLIN: Right. She's -- 17 MS. PIEPER: The agenda item is already on Jody's 18 desk. 19 JUDGE TINLEY: Okay. 20 MS. PIEPER: 'Cause there will be several bonds at 21 this point to be approved. 22 JUDGE TINLEY: Okay. I just wanted to make sure we 23 didn't miss it, after getting this Comptroller's letter. 24 It's got to be in by the 10th of January. 25 MS. BOLIN: Right. Right, I've had it in place for 12-10-12 22 1 a couple months, ready for approval. 2 JUDGE TINLEY: Okay, good enough. Let's go to Item 3 8, if we might; to consider, discuss, and take appropriate 4 action to appoint and/or reappoint members to the Kerr County 5 Historical Commission and submit current membership list to 6 the Texas Historical Commission. Commissioner Baldwin? 7 COMMISSIONER BALDWIN: Yes, sir, thank you. As you 8 know, the odd number year is when we respond to the State, 9 and that's coming up. And normally it's done in January, but 10 because they -- they're doing some things differently in 11 Austin these days, they've asked us, if we could, to send it 12 up there a little bit early so it all -- all of those things 13 wouldn't come in there at one time. And so I thought we 14 would just comply with that. And being as it's their 15 request, I thought we'd go along with it. You have -- I 16 think you have the list -- membership list in your... So, I 17 move that we submit a current membership list to the Texas 18 Historical Commission in Austin. 19 JUDGE TINLEY: Actually appoint and/or reappoint 20 them, and submit that? 21 COMMISSIONER BALDWIN: Yes, sir. 22 JUDGE TINLEY: All right. I have a motion. Do I 23 hear a second? 24 COMMISSIONER LETZ: Second. 25 JUDGE TINLEY: I have a motion and a second as 12-10-12 23 1 indicated. Do we have any further discussion on the motion? 2 COMMISSIONER MOSER: Is the list the same as the 3 current members? 4 COMMISSIONER BALDWIN: Yes, sir. 5 COMMISSIONER MOSER: Okay. 6 COMMISSIONER BALDWIN: Yeah, we got it from the 7 current local group. 8 COMMISSIONER MOSER: Okay. 9 COMMISSIONER BALDWIN: And -- 10 COMMISSIONER LETZ: My understanding is we can 11 always add people whenever we want. 12 COMMISSIONER BALDWIN: Yes, sir. 13 COMMISSIONER LETZ: So it's the list, but it can be 14 changed whenever -- 15 COMMISSIONER MOSER: Okay. 16 COMMISSIONER LETZ: -- we choose, if somebody comes 17 that wants to be on it. 18 COMMISSIONER MOSER: Thanks. 19 COMMISSIONER LETZ: Wants to go on it. 20 JUDGE TINLEY: Further question or discussion on 21 the motion? All in favor of the motion, signify by raising 22 your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 12-10-12 24 1 JUDGE TINLEY: The motion does carry. Item 9, to 2 consider, discuss, take appropriate action to approve the 3 elected official bond of the Kerr County Attorney. 4 Mr. Henneke? 5 MR. HENNEKE: Cheryl has the original, Judge. It's 6 the same as it currently is, just renewing it for the new 7 term. I'd ask the Court to approve. 8 COMMISSIONER BALDWIN: So moved. 9 COMMISSIONER MOSER: Second. 10 JUDGE TINLEY: Motion made and seconded for 11 approval. Question or discussion? All in favor, signify by 12 raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: That motion does carry. Let's go to 17 Item 10; to consider, discuss, take appropriate action to 18 decide the amount of the Sheriff's bond. Once that is 19 determined, I'm told the Sheriff intends to bring that back 20 for actual approval of that bond come the 26th, I believe. 21 MS. PIEPER: If we have it back by then. 22 JUDGE TINLEY: Along with a number of others. The 23 -- the difference is, apparently that bond can range from a 24 low of $5,000 to a high of $30,000. You'll see in your 25 materials the difference in premium. A $5,000 bond is $250 a 12-10-12 25 1 year -- or maybe that's for a term of office, I'm not sure 2 which. A $30,000 bond, it looks like it's going to be six 3 times that amount, $1,500. The statute says that in the 4 amount as approved by Commissioners Court within that range, 5 5,000 to 30,000. So, once we set the amount, he goes and 6 gets the bond, and he'll bring it back on the 26th for 7 approval. 8 COMMISSIONER BALDWIN: Well, does -- does he have a 9 recommendation? Do you have a recommendation? Does the 10 governor or -- I mean, I don't recall ever seeing this large 11 of a group here. I didn't know that we made this kind of 12 decision. 13 JUDGE TINLEY: I suspect we've done that in the 14 past by approving just the bonds generally with a whole other 15 group of bonds. 16 COMMISSIONER BALDWIN: Yeah. 17 JUDGE TINLEY: I think his bond in the past has 18 either been $5,000 or $10,000. 19 COMMISSIONER MOSER: That was my question. What 20 was it in the past? 21 JUDGE TINLEY: I think either 5 or 10. And I have 22 no problem recommending $10,000. 23 COMMISSIONER BALDWIN: I'll move that we recommend 24 $10,000. 25 COMMISSIONER OEHLER: Second. 12-10-12 26 1 JUDGE TINLEY: Motion made and seconded that the 2 Sheriff's bond be set at $10,000. 3 COMMISSIONER OEHLER: And what's the premium on 4 that? 5 JUDGE TINLEY: That one is $500. 6 COMMISSIONER OEHLER: Okay. 7 JUDGE TINLEY: Further question or discussion on 8 that motion? All in favor of that motion, signify by raising 9 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 Item 7, our 9:30 timed item -- we've reached that time now -- 15 to consider, discuss, and take appropriate action on 16 resolution to approve and fund construction of new drainage 17 field to correct runway safety area issue and impacted 18 roadway. Mr. McKenzie, Kerrville/Kerr County Airport 19 Manager. General Aviation Airport of the Year manager. What 20 else can we throw in there? 21 MR. McKENZIE: That's quite nice on Monday morning; 22 we'll take it. 23 JUDGE TINLEY: Yeah. Yeah. 24 MR. McKENZIE: Thank you, Judge. Good morning. 25 Good morning, Commissioners. I'm here this morning to try 12-10-12 27 1 to, briefly as I can, answer all your questions, of course, 2 and tell you the what, where, and why of this infamous ditch 3 that we have at the airport. First I'm going to tell you 4 what it is. And there it is right there. It's that little 5 ditch that I'm pointing out right there. 6 MR. HENNEKE: That canyon? 7 MR. McKENZIE: That canyon, if you will. It's 8 about four and a half feet deep, and probably five foot wide. 9 Been there probably 65 years at least. Nevertheless, it's 10 been brought to our attention that we need to rectify this, 11 because it's in the runway safety area. Okay, John, go to 12 the next picture. This more clearly defines the ditch area 13 here. There's a drop inlet here. 500 foot from here to 14 here, and it daylights at the drop inlet, daylights here. 15 Okay, next one, John. It penetrates the runway safety area, 16 R.S.A., as determined by the Federal Aviation Administration, 17 Fort Worth, Texas, the regional office. So, when 18 Commissioner Moser was still on the Airport Board, we hired 19 an engineer here in town to design us a plan to alleviate 20 that problem of it being in the ditch -- that ditch being in 21 the runway safety area. We have to move that, because TexDOT 22 Aviation and the F.A.A. made it real clear that we're not 23 going to get any additional funding till we fix this ditch 24 problem. And it's not that big a situation, as you'll soon 25 see. 12-10-12 28 1 Our engineer of record is Mike Wellborn. He 2 designed this. The red line comes from the F.A.A. This is 3 what we've got to stay outside of. This is the only place 4 that we penetrate where this -- this is the original ditch 5 line. The apex and the point of tangent is right at the end 6 of the runway, and then it runs over to Al Mooney Road. This 7 is what we must cover up. So, our engineer has decided the 8 best way to do this -- and TexDOT has seen this -- is to 9 start right here and just, with a very minimal amount of dirt 10 moving, to just move that ditch over here. There's an 11 existing ditch line right next to the fence on Highway 27 12 right there. So, we're going to turn the ditch, take the 13 barrow that we excavate from this ditch, put it in this -- 14 put it in this ditch. I mean, it's -- we're going to move it 15 about as far as from here to where the Judge is sitting, 16 basically right in here. 17 If we lack any material, we've got 300,000 yards 18 stockpiled right up here that we did over the last two years 19 in our projects, so getting the material is not going to be 20 an issue. I've talked to Leonard Odom about it. I've talked 21 to Commissioner Letz about it, and it's our understanding -- 22 and that's the only way this will work, is if the County will 23 do this dirt work for us right here. That will save us a 24 tremendous amount of money and make it economically feasible 25 for us to repair this and correct this item. Just as a 12-10-12 29 1 point, it's 250 feet from the center line of the runway to 2 right here. We're clear here, but right here is where it 3 falls out. And this is still in the runway safety area, all 4 right? This is still in the runway safety area. If an 5 aircraft comes off of this runway and slides over here, it 6 will fall in this ditch, and that's why the 250-foot R.S.A. 7 is in place. 8 So, the reason I'm here is to request a resolution 9 from the Commissioners Court that you will back this project 10 for us to do this. We're going to get our funding from 11 TexDOT Aviation through our non-primary entitlement funds. 12 It's a 90/10 situation. They'll pay for 90 percent of it; 13 we'll pay for 10 percent of it. So, when you -- and I've 14 estimated the cost, and I'll go into that briefly in a 15 moment, but the cost is going to be right here. We have to 16 replace two culverts. Actually, we're going to replace one 17 culvert with two under Al Mooney Road, and the total cost of 18 that I've estimated to be $34,000, and I've got proposals on 19 that from contractors, so we're pretty close with that. 20 What's not involved in that is the surveying, and that 21 shouldn't run us over $1,500, I'm assuming. 22 And I'm going to hire an engineering tech firm as 23 we build this up. I want density tests every 1 foot as we 24 build up this 5 foot here, because this has to be 25 weight-bearing when we finish this, and I want that in the 12-10-12 30 1 file that we density-tested this. Because I've been out 2 there around it, managing it, helping manage it for 14 years, 3 and flying out of this airport 28 years, and I've never seen 4 an aircraft go off the runway over here. But if it ever 5 does, we need something in our file that says we met the 6 density test, that that's weight-bearing when we fill that 7 ditch up. And that's pretty benign as well. It's a nuclear 8 test. That may run us a grand, $1,500 at the most. 9 COMMISSIONER OEHLER: Not much. They're used to 10 doing it already, 'cause they've had to pass all the tests at 11 the barn. 12 MR. McKENZIE: Out at the barn, it's the same. 13 COMMISSIONER OEHLER: Everything. The ditches, 14 everything. 15 MR. McKENZIE: And they're not requiring us to do 16 this, but I want to do it so we've got it in our file. If 17 anything ever comes back, we've got it, and hopefully it will 18 never happen, because I've never seen it happen. So, you 19 know -- we're going to go to the next slide there, John, 20 please, sir. This is just the engineer's rendering of how 21 we're going to do this. We're going to turn it, come under 22 here -- okay, one more, John. This is where we're going to 23 spend the money. We're going to put two 2-by-6 culverts in 24 tandem underneath -- this is Al Mooney Road right here. 25 Right now there's a 12-inch pipe there that's completely 12-10-12 31 1 blocked. That's been there for -- I'd hate to venture a 2 guess how long that's been there, but anyway, we're going to 3 replace this. This has been engineered. Commissioner 4 Moser's looked at the engineering counts with Mike Wellborn, 5 and this will suffice. 6 This has also been turned into the City of 7 Kerrville. We're in the city limits. The City of 8 Kerrville's engineering department has scrubbed this as well, 9 and the City Engineer, Dieter Werner, has signed off on this, 10 so we have a signed set of plans that are sealed by an 11 engineer. Our engineer sealed them. Dieter, the City 12 Engineer, has signed off on that, so we're good to go as far 13 as the technical part of it goes. The box culverts are going 14 to run us about $12,000. It's going to cost about $12,000 to 15 do the headwalls and the flumes that we have to pour out 16 here. And to build this up, we're at about $34,000, it looks 17 like, as I said before, without the surveying and without the 18 density testing, which is not going to be a lot of money. 19 The only thing I'm going to ask the City for -- and 20 I'm going to address the City tomorrow evening at their 21 meeting. I'm just going to request that they -- and we'll 22 buy the material if they'll repave this about 20-by-20 foot 23 area here that we're going to disturb. We'll buy the hot mix 24 if they'll -- if they'll repave that for us. The 25 contractor's going to bring it up to within 2 inches of the 12-10-12 32 1 surface. We'll put 2 inches of hot mix on it, and hopefully 2 that will solve -- it will solve the problem. It'll get the 3 F.A.A. happy. And they have been very good to us the last 4 five years, so we want to make them happy. So, basically, 5 what we're trying to do, and why I'm before you today is to 6 ask you to approve this through a resolution. And the second 7 thing is to certify that the Airport Board has funds, which 8 we do, to come up with the 10 percent and to designate an 9 authorized representative to oversee the project, which would 10 be the Airport Manager. 11 COMMISSIONER MOSER: Bruce, a couple questions. 12 MR. McKENZIE: Yes, sir? 13 COMMISSIONER MOSER: First, a couple of 14 observations. Number one, go back about a year. To correct 15 this ditch problem, the original estimate was $200,000. 16 MR. McKENZIE: 230,000. 17 COMMISSIONER MOSER: We looked at it and said, 18 "There's got to be another way to do that." That's what's 19 presented here. There's no fat in this. It's not overly 20 conservative with the culverts that go underneath the road. 21 It's going to be a big improvement to Al Mooney Road. The 22 other thing is, this is another -- if it can be done this way 23 with Len Odom doing the dirt work and the City doing that 24 paving work, it's just another example of how we've gone from 25 200,000 to what you're saying, Bruce, is less than $40,000 12-10-12 33 1 for everything. 2 MR. McKENZIE: We're hoping. 3 COMMISSIONER MOSER: And 10 percent, so that's 4 $4,000. So, that's $2,000 at risk for the County, $2,000 for 5 the City. But with the airport having funds for that, 6 there's no additional funds required from the City or the 7 County, if I understand you correctly. 8 MR. McKENZIE: Yes, sir. 9 COMMISSIONER MOSER: So I think this is just 10 another really good example of the City and County working 11 together on a -- on a common project, and it certainly 12 improves the drainage across there. That current drainage 13 system was -- was really, really bad. So, this is in 14 addition to the F.A.A. requirement. 15 MR. McKENZIE: Yes, sir. 16 COMMISSIONER MOSER: A very good fix. So, why -- 17 why is the resolution required? A funding requirement? 18 MR. McKENZIE: Yes, sir. This has to be taken 19 before the Texas Transportation Commission in Austin. They 20 control the purse strings. 21 COMMISSIONER MOSER: Okay. 22 MR. McKENZIE: So, TexDOT -- if both of the bodies, 23 the -- the County and then the City, approve this, then 24 TexDOT will take it before the Texas Transportation 25 Commission. They have to bless it. Then when they do, it 12-10-12 34 1 will be funded through what's called non-primary entitlement 2 funds that we have in Austin in a bank. So, that's where the 3 funding -- the 90 percent of it will come from that. So, the 4 Texas Transportation Commission requires a resolution, and 5 then they require that the certification of the funds is 6 there, our 10 percent. And then they want a project manager. 7 COMMISSIONER MOSER: Okay. 8 COMMISSIONER BALDWIN: Do we have a resolution? 9 JUDGE TINLEY: I have it right here at hand. 10 COMMISSIONER BALDWIN: Hey, look at you. 11 JUDGE TINLEY: Along with the certifications as 12 mentioned by the Airport Manager, number one, designating him 13 as the -- Airport Manager as the authorized rep, and 14 certification of the project funds. So, it's all ready to 15 go. 16 COMMISSIONER BALDWIN: So, I agree. I like the 17 idea of the City and County working together and completing 18 these projects. However, the -- the numbers are not 19 completely accurate, because the use of Road and Bridge and 20 their fuels and manpower and all that is still a cost to the 21 taxpayers. So, it's -- there's still another cost in that 22 thing. Do we ever have any intention of reimbursing city -- 23 well, I'm not worried about the city, but the county Road and 24 Bridge? 25 MR. McKENZIE: That hasn't been brought up, 12-10-12 35 1 Commissioner, to this point. 2 COMMISSIONER BALDWIN: Consider it brought up. 3 MR. McKENZIE: I do. But one thing we discussed in 4 this -- and I visited with Leonard at length, and with 5 Commissioner Letz. This can be done -- we're not crowding 6 Leonard to do this. He can do this when he's got down time 7 with his folks. 8 COMMISSIONER BALDWIN: I understand. 9 MR. McKENZIE: We can do it in the dead of winter 10 when it's sleeting outside. 11 COMMISSIONER BALDWIN: I'm sure he'd do it if -- 12 you know, even if he were busy. 13 MR. McKENZIE: But you're correct. I totally 14 understand, and I concur with your observation. Every time 15 you start that equipment, it costs money. 16 COMMISSIONER BALDWIN: Yes, sir. 17 MR. McKENZIE: I agree with that. 18 COMMISSIONER BALDWIN: Let's just consider that in 19 the future, and I appreciate it. Thank you very much. 20 MR. McKENZIE: Yes, sir. 21 COMMISSIONER BALDWIN: Appreciate what you're 22 doing. 23 MR. McKENZIE: Thank you very much. 24 COMMISSIONER LETZ: I move approval of the 25 resolution. 12-10-12 36 1 COMMISSIONER MOSER: Second. 2 COMMISSIONER LETZ: And -- 3 JUDGE TINLEY: And the certification? 4 COMMISSIONER LETZ: And the certification. 5 JUDGE TINLEY: I have a motion and a second for 6 approval of the resolution and the accompanying 7 certifications. Any further question or discussion on the 8 motion? 9 COMMISSIONER LETZ: And I'll just make a note; this 10 is at the -- the funding will come from the airport budget. 11 JUDGE TINLEY: It's already there. 12 COMMISSIONER LETZ: Right. That's where -- it's 13 just to make sure we know where it's coming from. 14 JUDGE TINLEY: Any other questions or comments? 15 All in favor of the motion, signify by raising your right 16 hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: The motion does carry. Let's go to 21 -- thank you very much, -- 22 MR. McKENZIE: Thank you. Appreciate it. 23 JUDGE TINLEY: -- Mr. McKenzie. Appreciate your 24 work out there. 25 MR. McKENZIE: Yes, sir. Thank you. 12-10-12 37 1 JUDGE TINLEY: Let's go to Item 11; to consider, 2 discuss, take appropriate action to address possibility of 3 prohibiting the sale or use of restricted fireworks, that 4 being skyrockets with sticks or missiles with fins, in any 5 portion of the unincorporated area of Kerr County pursuant to 6 Local Government Code Section 352.051 for the December 7 fireworks season. I put this on the agenda in case any 8 member of the Court wants to pursue that prohibition. 9 COMMISSIONER BALDWIN: Judge, let's talk about for 10 a moment what the December fireworks season is. Is that -- 11 you know, we have to approve -- if we want to adopt anything, 12 we have to approve it, like, two weeks prior to the season? 13 JUDGE TINLEY: I think the deadline is December 15, 14 if I'm not mistaken, commissioner, or thereabouts. 15 COMMISSIONER BALDWIN: Yeah. Yeah, I think you're 16 right. 17 JUDGE TINLEY: Now, the season is a short period of 18 time shortly before, and then an even shorter period after, 19 as I understand. I don't have the dates handy. 20 COMMISSIONER BALDWIN: January 1? Or December 21 25th? 22 JUDGE TINLEY: Well, I'm not sure on -- on the 23 December fireworks season, whether or not that runs on into 24 January, the New Years also. 25 COMMISSIONER BALDWIN: It's kind of -- it's a tough 12-10-12 38 1 call. I mean, it's dry out there right now to burn -- burn 2 your pile of brush, but we're talking about firecrackers 3 here. Big firecrackers. 4 JUDGE TINLEY: Yeah. Well, only the ones that can 5 travel. 6 COMMISSIONER BALDWIN: Right. 7 JUDGE TINLEY: If you want to set your own place on 8 fire by popping a bunch of firecrackers, I think the only way 9 we address that issue -- now, they've done it in some 10 counties -- is an emergency disaster resolution by the county 11 judge that's good for, what, 60 hours or something, that you 12 got to get the governor to ratify it within a specific period 13 of time. And at that point in time, you'll have the 14 fireworks people come down on you considerably. But the -- 15 the little rockets -- little bottle rockets and whatnot, and 16 the ones with the fins that can leave your place and go to 17 your neighbor's and set him on fire are the ones that we're 18 looking at. Those are the only restricted fireworks 19 specified in the statute. 20 COMMISSIONER OEHLER: Didn't we go through this not 21 too long ago, and figured out that -- that it's something 22 that has to do with the drought conditions that the state 23 does, keeps the data on, and if we are designated in a 24 certain drought area, that it's automatic for those fireworks 25 sales people? 12-10-12 39 1 COMMISSIONER BALDWIN: I don't remember it exactly 2 like that, but something. 3 COMMISSIONER OEHLER: Rob, don't you -- 4 MR. HENNEKE: I do -- I'm struggling to recall, but 5 I think there's a -- 6 COMMISSIONER OEHLER: The drought index. 7 MR. HENNEKE: There's a drought index that's 8 published that the State keeps track of, and we have to fall 9 within a certain range. 10 COMMISSIONER OEHLER: If we're not in that range, I 11 mean, we can do this, but if it's really that bad, the 12 State -- the fireworks people are bound -- 13 COMMISSIONER BALDWIN: Byrum-Keech. 14 COMMISSIONER OEHLER: -- by law to either sell or 15 not sell. 16 COMMISSIONER BALDWIN: I think it's Byrum-Keech -- 17 COMMISSIONER OEHLER: I believe you're right, 18 that's it. 19 COMMISSIONER BALDWIN: -- index. 20 COMMISSIONER OEHLER: So I don't know how we fit in 21 that, but it kind of took the decision out of our hands, for 22 the most part. Because if we go against what the State says 23 that's legal, then we're kind of putting ourselves in a 24 position to be controlling somebody's private enterprise. 25 May not be a very good thing. 12-10-12 40 1 JUDGE TINLEY: You're suggesting that we pass on 2 this? 3 COMMISSIONER OEHLER: My suggestion is we pass on 4 it. It's already, I think, regulated. 5 JUDGE TINLEY: Any other members of the Court have 6 any suggestions they want to offer? Anything in connection 7 with it? 8 COMMISSIONER MOSER: So the understanding is if the 9 State imposes it, it's good across the state, or whatever the 10 State designates? 11 COMMISSIONER OEHLER: Whatever area. 12 COMMISSIONER MOSER: So the question is, do we need 13 to take any additional action other than what's already -- 14 COMMISSIONER OEHLER: I don't -- 15 COMMISSIONER MOSER: -- in place now? 16 COMMISSIONER OEHLER: That went through several 17 months ago, back -- I don't know. Back, I guess, around -- 18 before the 4th of July, or maybe it was even last year. 19 COMMISSIONER BALDWIN: Last year. 20 COMMISSIONER OEHLER: That this came up whenever, 21 you know, we were talking about after that one time when a 22 disaster was declared and fireworks sales were shut down 23 completely. 24 COMMISSIONER MOSER: Mm-hmm. 25 COMMISSIONER OEHLER: And I was -- I was made aware 12-10-12 41 1 of the fact that there was another law -- or an agency or 2 determination of whether that would be legal to sell or not. 3 So, I'm a little hesitant to jump out there and -- and try to 4 regulate something we may or may not ought to be doing. 5 COMMISSIONER BALDWIN: Yeah. I agree with you, 6 Bruce. 7 JUDGE TINLEY: Okay. Let's move forward. Item 12; 8 to consider, discuss, take appropriate action to approve 9 contract with Turtle Creek Volunteer Fire Department and the 10 Kerr County Soil and Water Conservation District, authorize 11 County Judge to sign same. I put this on the agenda. These 12 contracts came in. 13 COMMISSIONER BALDWIN: I move for approval. 14 COMMISSIONER OEHLER: Second. 15 JUDGE TINLEY: Motion made and seconded for 16 approval. Question or discussion? 17 COMMISSIONER MOSER: What is the amount of the 18 contract for Turtle Creek? 19 COMMISSIONER OEHLER: They're all the same. 20 COMMISSIONER BALDWIN: 15. 21 COMMISSIONER OEHLER: 21,000. 22 COMMISSIONER BALDWIN: Is it up to 21? 23 COMMISSIONER LETZ: It's the same for all of them, 24 21, except I have one and you have one that's less because 25 they're out of county. 12-10-12 42 1 COMMISSIONER BALDWIN: Yeah. 2 COMMISSIONER LETZ: Tierra Linda and Castle Lake. 3 COMMISSIONER MOSER: Yeah. 4 COMMISSIONER OEHLER: We moved them from 15 to 21 5 last year. 6 COMMISSIONER BALDWIN: You're right. 7 COMMISSIONER MOSER: Okay. 8 COMMISSIONER BALDWIN: That basically pays for 9 their insurance, and maybe a flat tire. 10 COMMISSIONER OEHLER: Doesn't pay for a whole lot. 11 JUDGE TINLEY: We're getting a bargain. 12 COMMISSIONER BALDWIN: Yeah. 13 COMMISSIONER OEHLER: It helps a lot. They're glad 14 to get it. 15 JUDGE TINLEY: Any other questions or comments on 16 the motion? All in favor of the motion, signify by raising 17 your right hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: The motion carries. Let's go to 22 Item 13; to consider, discuss, and take appropriate action to 23 update status and appoint committee to develop a master plan 24 for the courthouse square. Commissioner Letz? 25 COMMISSIONER LETZ: This is really more just an 12-10-12 43 1 update, and some of the members are here; Ms. Ables is one of 2 them. Dr. Rector's asked to be on it, and Kyle Bond. And I 3 don't know if Mr. Eychner -- have you asked to be on it? 4 MR. EYCHNER: No. I'd like to be there, if that's 5 possible. I didn't want to sabotage you, though. So -- 6 COMMISSIONER LETZ: But it's kind of just -- 7 JUDGE TINLEY: You didn't want to what? 8 MR. EYCHNER: Sabotage. 9 COMMISSIONER LETZ: Sabotage. But, you know, I 10 really want to probably pass on the actual appointment. 11 Those people are going to definitely be on it. I am looking 12 for someone with -- like, either an architect -- landscape 13 architect or someone like that, that is willing to give their 14 services a little bit, for a couple reasons; have them kind 15 of -- some of their input. I'd probably also ask Rob to come 16 on board, because I think we probably need some policy. 17 Obviously, we can change things, but one of the things that 18 I've thought about, just the type of thing we really need to 19 think about a little bit is the -- a term for gifts on the 20 courthouse square, for some of them. I mean, you have things 21 that go out there now -- as an example, we've talked a lot 22 about the gazebo from the Lehmann family. At some point, I 23 don't know if it's 5, 10 years, 20 years, it's going to need 24 to be repaired, and we just need to think, I think, about it 25 as a Court on things like that. Do we want to spend taxpayer 12-10-12 44 1 money in the future to repair and replace structures that 2 have been given to the courthouse? And I don't know -- I 3 mean, things like that I think we need to think about, so 4 that people are aware, when we do receive gifts, that 5 they're -- I know there was some heartburn when we took the 6 fountain down that was given, I think, by the Real family, or 7 Auld -- 8 COMMISSIONER BALDWIN: Auld. 9 COMMISSIONER LETZ: Auld family. So -- but 10 there's -- you know, things change, and I think we need to 11 have a little bit of policy so people are aware. I think we 12 need to discuss that at the same time. And the other update 13 is that Beau Itschner has volunteered to put in AutoCAD 14 format and give the County a disk of all the of structures on 15 the courthouse square. We had a drawing, but we're not sure 16 who did it, and it was probably done in AutoCAD, so he is 17 going back in and putting in every tree, every structure 18 that's out here, exactly where it is, so that it's something 19 we can work with. That's really all I have today. I'll 20 probably put it back on the agenda, probably the first 21 meeting in January, hopefully get started with people. But 22 people that have requested to be on it, in my mind, they are 23 on it. It's an inclusion. We're not trying to exclude 24 anybody. I may try to go out and try to find a few others 25 that I think will be helpful on it. 12-10-12 45 1 COMMISSIONER MOSER: So, anybody that has requested 2 to be on, you're saying they're on? Okay. It's very good 3 about the policy of how to take care of stuff that's a gift, 4 'cause I was part of an association one time that received a 5 million dollar gift to build a facility, but there wasn't 6 anything for the maintenance and care thereof afterwards, and 7 it like have to killed the organization. So, good point. 8 COMMISSIONER LETZ: I just think we need to look at 9 it, and a policy as to what we want on the courthouse square. 10 'Cause we don't receive that many things, and everything we 11 have received has fit fairly well, but it's just a matter of, 12 you know, I think we need to have a policy. That doesn't 13 mean we can't change it, but it makes it a little bit easier 14 to, you know, accept things in the future. And also, I think 15 we do need to figure out -- I know I've talked with 16 Commissioner Baldwin a little bit about, you know, like along 17 Highway 27, some trees or something like that at some point, 18 trying to get plans. Because we have removed a lot of trees 19 that have died over the years, and in the past year, the 20 drought, we've had a couple really, obviously, large trees 21 die. So, anyway, that's just kind of an update on where we 22 are. I don't think we need any action today. It will be on 23 the agenda in early January. 24 COMMISSIONER BALDWIN: Do you think that the -- do 25 you think this committee will come in with a recommendation 12-10-12 46 1 of some things to happen? 2 COMMISSIONER LETZ: I hope so. I mean, to me, this 3 is -- I mean, obviously, the reason it got started right now 4 is the offer of a donation from Rotary, and the Christmas 5 tree. The Christmas tree is obviously up, but there's a -- 6 you know, Rotary has offered to build a more permanent 7 structure where it will be located. That's the reason it got 8 started. But I think this is something that's been needed 9 for a long, long time. It's just kind of a good opportunity 10 to move forward on it. 11 COMMISSIONER BALDWIN: But it doesn't mean that 12 because the committee comes in and makes a recommendation, 13 that this Court must go along with it. 14 COMMISSIONER LETZ: Certainly. Certainly, I agree 15 with you; it does not. 16 COMMISSIONER BALDWIN: I just want to be on the 17 record that there's a chance -- 18 COMMISSIONER LETZ: This is a recommendation. 19 COMMISSIONER BALDWIN: -- of some "no" votes. 20 COMMISSIONER LETZ: It's a recommendation, and 21 we'll see where it goes. 22 COMMISSIONER MOSER: But it's to have a plan. 23 COMMISSIONER LETZ: It's to get a plan. 24 COMMISSIONER MOSER: It's a guideline. 25 COMMISSIONER LETZ: A drawing as to where you think 12-10-12 47 1 things should be located. You know, things that we know 2 about right now, and may be -- you know, we obviously know 3 the war memorial's going to be enlarged. That space needs to 4 be designated, I mean, so we kind of know what's going and, 5 you know, just have a plan. Doesn't mean it can't be 6 changed. 7 COMMISSIONER BALDWIN: Super. 8 JUDGE TINLEY: Anything further on that item? 9 Okay. Let's move forward to Item 14; to consider, discuss, 10 take appropriate action to approve submission of regional 11 water planning grant application and other related documents 12 to the Texas Water Development Board for eastern Kerr County 13 and western Kendall County. 14 COMMISSIONER LETZ: Judge, this is on the agenda. 15 We're going to have to pass on this. I've talked to -- the 16 rest of the Court is aware, we're probably going to have a 17 special meeting next Monday to approve this. 18 JUDGE TINLEY: Okay. 19 COMMISSIONER LETZ: This is a -- we're working on 20 it. We have a draft. We're working on getting the actual 21 commitment of funding from other entities, and basically 22 Tetra Tech and Keller are working on the actual verbiage. 23 I've been in contact with the Water Development Board. It's 24 going to be a very competitive grant. I'm less optimistic 25 we'll receive funding for this. There's a total of $400,000 12-10-12 48 1 available in this round that we were looking -- 2 COMMISSIONER BALDWIN: State-wide. 3 COMMISSIONER LETZ: State-wide. And according to 4 David Meesey at Water Development Board, they have a lot of 5 inquiries and are anticipating quite a -- 6 COMMISSIONER BALDWIN: I bet. 7 COMMISSIONER LETZ: -- big group for that. You 8 know, but we're not asking for a huge amount; we're probably 9 asking for a total in the neighborhood of 100,000. But 10 still, that's 25 percent of the -- 11 COMMISSIONER OEHLER: That's 25 percent of the 12 whole thing. 13 COMMISSIONER LETZ: I know. G.B.R.A., which is 14 part of this one, is asking for, I believe, about $300,000 on 15 another one themselves, so I'm not sure where it's going to 16 go. But for -- we have a draft, but it's -- I don't think 17 it's ready at the point that I'm comfortable approving it, 18 and I think we -- the whole Court needs to see the final 19 document before we send it in. So, pass on this. We'll 20 hopefully have it ready by the end of the week. 21 JUDGE TINLEY: Okay. Let's go to Item 17; to 22 consider, discuss, take appropriate action on approving sound 23 system proposal for the show barn and/or the Hill Country 24 Youth Event Center. Commissioner Letz? 25 COMMISSIONER LETZ: I believe in the backup is the 12-10-12 49 1 actual proposal we have received. I met with -- it's been a 2 little frustrating trying to get names of people to talk to 3 about this, 'cause it's kind of a unique system. It's not a 4 sound system, so to speak; it's really a P.A. system. Found 5 a company called Southwest Sound Equipment out of San 6 Antonio. I have met with them. I think they're the ones 7 that gave us the submittal. They primarily, you know, do 8 gymnasiums, large churches, which is very much similar to 9 this type of facility we're doing, so this is what they tend 10 to -- they do this kind of work. They gave us a proposal for 11 both the new barn and the arena, redoing the arena. The new 12 barn is something we actually need to do right now. The 13 system would be -- and each system will be kind of 14 stand-alone. I thought there was a way to do it where you 15 tied it all together, but it really it doesn't work very well 16 that way, according to them. 17 You have a system and amplifier and all that for 18 the arena -- the new building. Then the arena would have 19 basically the same system, but you tie them together -- 20 network them together, you know, where all the equipment will 21 be housed, which will be kind of where the office area is 22 right now. And you can make a -- at this location, you can 23 make an announcement that covers the whole facility, but each 24 system will be stand-alone. There will be -- the mics will 25 be wireless. There will be antennas located -- or servers, 12-10-12 50 1 not antennas, located throughout the barn, and there'll be 2 three sets of speakers. He said don't expect to have, like, 3 a, you know, theater-quality sound. He says there's a -- it 4 will still sound like a P.A. system, mainly because of the 5 echo you're going to have in a big building like that. But 6 he says it's certainly -- I think his comment about it was 7 interesting, about the existing system. We showed him what 8 we currently have. He says we had the wrong system when it 9 was new. (Laughter.) Much less being 30 years old. The 10 proposal is 28,000 and change. I forget what it is. 11 COMMISSIONER OEHLER: 288.18. 12 COMMISSIONER LETZ: 28,288.18 for the new barn. If 13 we combine both of them, we go over the $50,000 limit, which 14 will require bidding. Which we didn't -- we don't have the 15 time to do, and -- you know, so we're not doing that. We're 16 just doing the one new building. And the other good thing is 17 that also it makes sure that if we want to tweak it, it's 18 possible to make some adjustments if we wanted to in the 19 arena. But I'm pretty comfortable this system will work. 20 The only thing we're going to be responsible for is having a 21 scissor lift on-site. 22 COMMISSIONER MOSER: Have what? 23 COMMISSIONER LETZ: Scissor lift. I mean, and 24 we've got to have 220 amp circuits for them to plug the 25 system into. It'll be on a rack. There will be speakers in 12-10-12 51 1 the bathrooms, individual speakers in all the bathrooms, and 2 there will also be a system where you can hook in a -- like, 3 an iPod or something; you can hook it in. Right now, what 4 they do when they want music is they take the microphone and 5 lay it next to a radio. And this will be actually built into 6 it so you can play music through it. It's not going to sound 7 like, again, stereo-quality sound or anything, but you will 8 have the capability for music. And the other thing that I 9 was really not aware of, never even thought of, but it is an 10 A.D.A. requirement that if you have any kind of P.A. system, 11 you have to have a system for hearing-impaired, and that is 12 included as well. What it is, in a building of this size, 13 there's a little F.M. receiver -- or transmitter built into 14 the system, and people that are hearing-impaired pick up a 15 little receiver with an earphone, and they -- you know, it 16 goes into their ear. You know, they plug it in and they can 17 listen to it. 18 COMMISSIONER MOSER: So that's a requirement? 19 COMMISSIONER LETZ: That's a requirement, an A.D.A. 20 requirement. But it -- and in talking with the gentleman I 21 visited with, Mr. Dillon, he says, you know, you probably 22 wouldn't get caught or in trouble, but he just wanted to make 23 sure that we're aware of it. And I said we want to -- we 24 don't want that. We want to do it properly. If it's an 25 A.D.A. requirement, we'll do it. So, that's included as 12-10-12 52 1 well. 2 COMMISSIONER BALDWIN: My only concern is -- and 3 it's just the lack of knowledge, is the reason I have a 4 concern -- is this wireless thing. Seems like to me that 5 there are times -- you know, I'm picturing in my mind the hog 6 show thing, and you have a judge out there that talks, and 7 you have other people that are making announcements, getting 8 hogs ready and all that kind of stuff, and I just can't see 9 how all of that can be done wireless. Seems like you have to 10 have a hard-wired microphone. 11 COMMISSIONER MOSER: No. 12 COMMISSIONER LETZ: The mics we use now are mostly 13 wireless, aren't they? 14 COMMISSIONER OEHLER: They're all wireless. 15 COMMISSIONER BALDWIN: Are they? 16 COMMISSIONER OEHLER: Yeah. 17 COMMISSIONER LETZ: The ones we're using now are 18 wireless. What we have now, they have the receivers; they 19 have plugs around -- well, in the indoor arena, they've got a 20 couple of areas that you can plug the receiver in, and I 21 guess there's an antenna actually on that little box -- 22 actually, one of those big columns. The new system will have 23 little antennas located up on the beams in the building. 24 Looks kind of like a shark fin, they're described. And these 25 are transmitted, I think, by wire probably back into the 12-10-12 53 1 system. So, it's partial; not purely wireless, but it's -- 2 it's wires as well. And I think the speakers are wired in. 3 COMMISSIONER MOSER: Probably will have to be some 4 sort of protocol, so if somebody's trying to talk, they're 5 not going to let the other microphone come in and override 6 them. 7 COMMISSIONER LETZ: Right. We talked about having 8 the ability to have two different microphones going on, as 9 big as that building is, in case you want to have two events 10 going on. His recommendation was no. He says it's big and 11 open and echoing. He says if you have two people talking, 12 saying different things, all you're going to hear is garbled 13 noise. He says you're going to have to have too much echo 14 going back and forth in a building like that. He said it's 15 just going to be really, really difficult to have one speaker 16 tuned into this mic, and another speaker in that mic. He 17 said he wouldn't recommend it. And -- you know, and that 18 makes sense to me. It's going to be -- it's a big building, 19 and it's going to have a lot of echo in it. So -- but that 20 will be, certainly, I think, an improvement from what we 21 have. And if this works, I would recommend that our 22 Maintenance Department start upgrading the -- the other barn 23 sometime next year. 24 COMMISSIONER MOSER: Question. Sounds like this -- 25 this is an experienced, capable company. Is there anybody 12-10-12 54 1 locally that can do this? 2 COMMISSIONER LETZ: Not that I'm aware of. And 3 I've -- you know, I didn't -- most of the work I did was 4 basically internet searching on different companies. I 5 didn't see anybody locally that I came up with that did this 6 locally. I know I've talked with one of the stock show folks 7 about it, and we were really trying to get hold of San 8 Antonio Stock Show, and we just didn't get an answer out of 9 them as to who they would recommend. But this outfit, you 10 know, they did the new gym at Alamo Heights -- gymnasium. 11 They did that system. They do a lot of gymnasiums. I think 12 they did Karnes City's new gym. They do a lot of big 13 churches type things, so this is -- this is what they do. 14 They don't do -- they're not like a Bjorn's that does 15 high-quality sound. They do P.A. systems. 16 COMMISSIONER MOSER: Yeah, I was just wondering -- 17 Audio Visual Solutions or something like that. I don't know 18 who did the Kroc Center, but I know that Audio Visual locally 19 has done some -- some stuff like this with -- especially with 20 the F.M. transmitters, you know, when you talk about the 21 A.D.A. and so forth. So that was -- that's my only question. 22 COMMISSIONER LETZ: We can talk -- you know, talk 23 to somebody else. Time is a little bit of an issue because 24 of the -- 25 COMMISSIONER MOSER: Yeah. Well, sure sounds like 12-10-12 55 1 they've got their arms around it, but that was my only 2 question. 3 COMMISSIONER LETZ: So you can either -- you know, 4 from a timing standpoint, you know, this isn't -- we're not 5 going to be able to do any of that till after the first of 6 January anyway. They do have to order the equipment. The 7 building's going to be off-limits from basically Christmas to 8 New Year's. There's a week in there that, because of the 9 floor being sealed, they're not going to be able to do much. 10 The main thing is that they -- you notify them so they can 11 order the equipment and be ready to start working. Might be 12 able to do a little bit before then. It just depends on some 13 of the wiring and things. All of the amplifiers, receivers 14 will be, like I say, in one cabinet in the -- that room 15 behind the office when you walk in the front, you know, that 16 area. So -- but I'm comfortable with the outfit. I don't 17 mind talking to Sound Solutions as well, but I think we do 18 need to move forward on it. 19 COMMISSIONER MOSER: I think you can move forward. 20 You know, just run the trapline, see if anybody -- they may 21 not be capable of doing it. May not do anything because it's 22 just too complex. 23 COMMISSIONER LETZ: I don't think this is 24 particularly complex. 25 COMMISSIONER OEHLER: Mostly -- people around here 12-10-12 56 1 do mostly residential. 2 COMMISSIONER MOSER: They've done a lot more than 3 that. 4 COMMISSIONER OEHLER: But that's more their 5 expertise, the one I know, which I don't know them all. 6 COMMISSIONER MOSER: Yeah. Yeah. 7 COMMISSIONER OEHLER: Kevin Grona. 8 COMMISSIONER MOSER: Yeah. Yeah, Kevin's done some 9 good things. 10 COMMISSIONER OEHLER: I have no problem with Kevin 11 at all. 12 COMMISSIONER MOSER: Yeah, me either. 13 COMMISSIONER OEHLER: But we're very limited on the 14 time to get this done. And -- 15 COMMISSIONER MOSER: That's what I say. Why don't 16 you move on this, and then before the -- you pull the trigger 17 on it, just see if Kevin or anybody else around here can do 18 that. 19 COMMISSIONER LETZ: I'll make a motion that we -- 20 it's hard to accept this proposal and then continue to look. 21 JUDGE TINLEY: Yeah, sure is. 22 COMMISSIONER LETZ: I'll make a motion we accept 23 the proposal from Southwest Sound, Inc., the proposal 24 submitted. And we do additional work -- there will be a lot 25 more additional work out there. We can talk to some others 12-10-12 57 1 as well and see how this system works. 2 COMMISSIONER MOSER: Well, that's right too; you're 3 going to do the other facility. 4 COMMISSIONER LETZ: I'll make a recommendation we 5 accept this proposal. 6 COMMISSIONER OEHLER: Second. 7 COMMISSIONER LETZ: In the amount of $28,828. 8 JUDGE TINLEY: Okay. I have a motion and second -- 9 COMMISSIONER OEHLER: Yes, sir. 10 JUDGE TINLEY: -- to accept the proposal from 11 Southwest Sound Electronics, Inc., for the work itemized on 12 Pages 1 and 2 of the proposal in the total amount of $28,828. 13 Question or discussion on the motion? 14 COMMISSIONER MOSER: So -- one other question. So, 15 it will be in place when the stock show is -- 16 COMMISSIONER LETZ: Yes. 17 COMMISSIONER MOSER: Okay. 18 COMMISSIONER LETZ: Yes. They were given a 19 deadline of the 15th of January. 20 COMMISSIONER MOSER: Okay. 21 COMMISSIONER OEHLER: That's one day before the 22 show starts. 23 JUDGE TINLEY: And you got to carve out a week 24 there for the sealing of the floor. 25 COMMISSIONER MOSER: Right. 12-10-12 58 1 JUDGE TINLEY: That's not going to be available. 2 Mr. Reeves? 3 MR. REEVES: The 15th is a Tuesday? Yeah, that is 4 -- we'll already have some events going on, but they'll be in 5 the other barn. 6 COMMISSIONER LETZ: Yeah, okay. They're aware of 7 the schedule. 8 MR. REEVES: I figured they were, Commissioner. 9 JUDGE TINLEY: Okay. It's tight, but it'll work. 10 COMMISSIONER BALDWIN: The money is where? 11 COMMISSIONER LETZ: It will come from the -- 12 JUDGE TINLEY: Capital. 13 COMMISSIONER LETZ: -- capital funds for that 14 facility. It will come from the 25,000 we got back from 15 L.C.R.A. (Laughter.) 16 COMMISSIONER OEHLER: No, it's not. 17 COMMISSIONER LETZ: Well, it's just -- we had the 18 money budgeted for it, anyway. 19 COMMISSIONER MOSER: All out of the same pot. 20 COMMISSIONER BALDWIN: Okay. 21 COMMISSIONER OEHLER: What are you messing with 22 that one for? 23 JUDGE TINLEY: Okay. Any other question or 24 comments on the motion? All in favor of the motion, signify 25 by raising your right hand. 12-10-12 59 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: Motion carried. We have a 5 10 o'clock timed item that is a presentation by KPUB of the 6 electrical improvements at the Kerr County Youth Event 7 Center. Mike Wittler -- Chief Engineer, I believe is your 8 title out there -- is here with us from KPUB. Tell us about 9 the good things they're helping us get done out there, Mike. 10 Appreciate you being here. 11 MR. WITTLER: Yes. Judge and Commissioners, we 12 just wanted to give you a brief report on the electrical 13 service out there. The new show barn there required us to -- 14 to relocate several lines and the transformer that was 15 serving those facilities. So, we rerouted two overhead 16 lines, removed 950 feet of overhead line and 400 feet of 17 underground line, and we routed the lines to the west to go 18 along the perimeter of the property, so we got some poles and 19 line out of the parking lot areas also. Installed 700 feet 20 of overhead and 270 feet of underground, and then a new 21 transformer that will serve the new show barn and -- and 22 Phase 2 as well. So, we're in good -- good shape there. 23 This work was actually done quite a while ago, because the 24 existing transformer was in the way of the new building, so 25 we did our work actually in May, and the transformer's been 12-10-12 60 1 in service serving the building. The cost of the job was 2 about $20,000 -- $20,128, and there was no charge to the 3 County for the work that we did. So -- 4 COMMISSIONER OEHLER: Thank you. 5 JUDGE TINLEY: That's the point I wanted the public 6 to be aware of, Mr. Wittler. 7 MR. WITTLER: Okay. 8 JUDGE TINLEY: Is you guys have stepped up and made 9 your contribution to this community project. 10 MR. WITTLER: Yeah, happy to help any way we can. 11 COMMISSIONER BALDWIN: Thank you. 12 COMMISSIONER OEHLER: Really appreciate your 13 cooperation with turning it on, turning it off. We've had -- 14 you know, with those lines being so close to the new 15 building, -- 16 MR. WITTLER: Yeah. 17 COMMISSIONER OEHLER: -- the old lines, that 18 required y'all to be on scene more than normal. 19 MR. WITTLER: Yeah. Anything we need to do, it's a 20 pleasure. 21 COMMISSIONER BALDWIN: Thank you very much. 22 COMMISSIONER OEHLER: Thank you. 23 JUDGE TINLEY: Appreciate KPUB's assistance on 24 this. Thank you, sir. Thank you for being here with us 25 today. 12-10-12 61 1 MR. WITTLER: Thank you. 2 JUDGE TINLEY: Okay, let's go back to Item 18, for 3 an update on Aqua Texas mediation and potential proposed 4 legislation concerning water utilities. Commissioner Letz? 5 COMMISSIONER LETZ: Yes. We have the two experts 6 in the room on those two topics, Mr. Westfall and 7 Mr. Millikan from Kerrville South area. I want to thank them 8 publicly for the amount of effort and time and work they put 9 into this, and I'm sure they'll correct me if I say anything 10 wrong. I'll be glad to give them an opportunity to speak if 11 they want, but this is really just an up -- truly an update 12 today. They've been ongoing with mediation with Aqua Texas. 13 I've attended one of the meetings. City of Kerrville is also 14 involved; they have their own mediation going with Aqua Texas 15 as well. I think progress, from what I hear, is being made. 16 There's no solution or accepted alternative yet. 17 JUDGE TINLEY: Yet. 18 COMMISSIONER LETZ: There -- you know, I think in 19 general terms, the goal is to help the lower end of the 20 ratepayers, give them some relief, and also to defer some of 21 the charges, the past-due charges that have been discussed. 22 It's kind of -- I don't know if they can get into details, 23 and I don't want to disclose any details I'm aware of, 24 because they're somewhat confidential, but that's the 25 direction they're going, I think, and hopefully they will 12-10-12 62 1 have a successful close to this. And part of the reason for 2 putting this on, I really wanted to again just let the 3 community know how much these two gentlemen have done. They 4 have worked and spent a huge amount of their own personal 5 funds, traveled to Austin many times, testified at hearings, 6 really done a lot of work, and I appreciate what they've 7 done. 8 The other item on the agenda is proposed 9 legislation. There are probably two pieces of legislation 10 that are going to surface this session coming up, and I think 11 this Court needs to consider if we're going to take any stand 12 on these or not. No resolutions have been prepared yet, but 13 I think that, you know, I probably will be working on that 14 and bringing it back. I just wanted to make sure I wasn't 15 going way off base. One is to move this whole process from 16 T.C.E.Q. to the P.U.C. Everyone seems -- you know, even Aqua 17 Texas. I'm kind of leery. I'm kind of concerned just a 18 little bit that Aqua Texas wants it too. Pretty much 19 everyone is in agreement, the P.U.C. is far better able to 20 handle rate cases as opposed to being handled 21 administratively by the T.C.E.Q. T.C.E.Q. is just a black 22 hole for anything I've dealt with them on, and this is 23 another area, and it really would probably serve the public, 24 and probably the companies as well, better if it was handled 25 by the P.U.C. So, that's one piece of legislation that's 12-10-12 63 1 going through. And Representative Hilderbran has been 2 pushing for it, I think, the last two sessions, so he will be 3 right at the lead on that one again. 4 The other item is a proposal that's probably going 5 to surface that -- I think I have this right -- that would 6 give counties the option to intervene on behalf of areas 7 outside municipalities and help fight or represent the public 8 or constituents in rate cases. Basically, we would have the 9 ability to hire an attorney, and the attorney's fees would 10 then be paid back to the County by the utility, so -- Aqua 11 Texas. So, it will be -- basically, the ratepayers are going 12 to pay it back down the road. Right now, Aqua Texas can 13 charge all their fees back to their ratepayers, and this 14 would give the -- basically, the public an opportunity for 15 the County to hire an attorney, and the County's legal 16 expenses would then be rolled into that as well. I think 17 I've got that right. And that's something that we're looking 18 at. I want to make sure -- there's lots of ramifications 19 with things like that, but it's a -- something that I know is 20 pending. I guess it's a lobbyist, Mr. Boyle -- Broyle? 21 Broyle. 22 MAYOR PRATT: Boyle. 23 COMMISSIONER LETZ: Jim Boyle is a representative; 24 I've talked with him several times. He's very knowledgeable 25 on this, but it will probably -- if we do do a resolution on 12-10-12 64 1 this, I'll probably ask him to come down and maybe explain it 2 to us, walk us through a little bit. I'm very leery of 3 resolutions to the Legislature. I think we have to be very 4 specific to, you know, points that we want, but yet general 5 enough -- or resolutions for a specific piece of legislation 6 as it's written, 'cause things get changed a lot along the 7 way. We need to make sure exactly -- we have to take 8 resolutions like this really seriously, need to be very 9 careful as to what we're supporting. I think both of these 10 are good proposals, but I think we need to look at the 11 details before we get behind them. That's kind of just an 12 update. Larry or Jack, do you have any thinking y'all want 13 to add to this? Mayor, do you want to add anything? 14 MAYOR PRATT: I'll get Larry go first. 15 MR. WESTFALL: Okay, very good. Well, first of 16 all, I'm -- on behalf of everybody involved in this on the 17 ratepayers' side, I want to thank you, Judge, and the 18 Commissioners for your continuing interest in this issue. 19 It's very important to the citizens of this county. So, 20 relative to settlement, we have no settlement. We attempted 21 to settle this case now for more than two months. We've had 22 numerous meetings. For reasons I can't explain, we still do 23 not have a settlement. We're awaiting a response currently 24 from Aqua Texas to a proposal that we made at our last 25 session, which was here in Kerrville on November 20. The 12-10-12 65 1 fact is, Aqua Texas has little incentive to settle these 2 cases. The only reason they get settled is because 3 eventually, the ratepayers wear out. They're exhausted. 4 They have no legal support. They're tired. It's been a 5 year, and eventually the ratepayer, in desperation, settles 6 for peanuts in order to keep from going to the full 7 litigation at the evidentiary hearing, which -- which most 8 people, including us, would be ill-prepared to face. 9 So, we'll see. We're waiting. Maybe today, maybe 10 tomorrow, maybe not at all, we'll end up with a settlement 11 that we believe -- or at least possibly will offer some value 12 to our ratepayers, and particularly those at the lower end of 13 the system, the low water users who are faced currently with 14 minimum bills of $55 before they even turn the tap on any 15 month. We're trying to at least get these rates down by some 16 recognizable percentage in the -- particularly in the lower 17 ranges. So, that's where that stands. Relative to 18 legislation, we are -- we are active. Community Action 19 Group, through Jack Millikan and myself and others, are -- 20 are active currently, and will stay active in supporting the 21 legislation out of the January session. We're determined 22 that this time there will be legislation passed, because the 23 situation is just desperately in need of it. 24 I think Commissioner Letz has appropriately 25 recognized the two main pieces of legislation that are being 12-10-12 66 1 pursued. People that I speak with -- and Jack and I both 2 attended hearings in Austin on this previously. People I've 3 spoken with seem reasonably optimistic that the regulatory 4 jurisdiction will, in fact, be transferred during this 5 session from the T.C.E.Q. to the Public Utilities Commission. 6 And I've spoken with no one who believes that the situation 7 won't be strengthened by that if the resources are given to 8 the Public Utilities Commission with which to deal with the 9 problem. And so it's important that whatever legislation is 10 passed recognize the need for -- for funds and for staffing 11 to be added to the Public Utilities Commission organization 12 for purposes of -- of regulating the industry as relates to 13 rate-setting in a meaningful and substantive and effective 14 way. 15 Which has been, I think, significantly missing in 16 the current precedent with T.C.E.Q., who's -- you know, the 17 heart and soul of T.C.E.Q. is focused on water quality and 18 related issues. They weren't put there for rate-setting to 19 begin with, and they're ill prepared to deal with it. The 20 strength with which the Public Utilities Commission would 21 deal with this would be much, much more meaningful, I think, 22 in the final analysis. The other -- the other piece of 23 legislation, Jack Millikan and I attended a hearing in Austin 24 in the House -- the Texas House about a month ago. That -- 25 that was the County Affairs Committee, or subcommittee. And 12-10-12 67 1 they are, in fact, looking at the possibility of legislation 2 which would -- which would offer counties the option -- the 3 option to intervene on behalf of county citizens in water 4 rate-paying cases. This is very important to us. I think we 5 are evidence of what happens when -- when counties are 6 involved in rate-paying cases. You know, we not only do not 7 have the ability to recover any legal expenses -- and, by the 8 way, those legal expenses have recently been estimated to me, 9 to go to the full route, between $100,000 and $200,000 for -- 10 to make a significant effort at rebutting. 11 So -- so, you got our inability to deal with that, 12 and therefore our inability to secure legal counsel on the 13 one side. On the other hand, we have to reimburse Aqua Texas 14 at the end of the day for their legal expenses incurred in 15 fighting us. And what kind of a mess is this that the state 16 has created for representing citizens? So, there are -- 17 there are things up there happening in the Legislature, I 18 think in this session. Hopefully some of them will be 19 effective in dealing with certain parts of this. But -- but 20 I think I would encourage that the County would be heard and 21 would be supportive of the legislation entitling counties to 22 intervene. And I think it's important to say that counties 23 have no obligation to do so in legislation that I've seen. 24 They would have an option to intervene on behalf of their 25 rate-paying citizens if -- if they choose to. And what this 12-10-12 68 1 would do is hire -- it would allow you to hire expert legal 2 and engineering assistance to pursue the rate case on behalf 3 of the citizens, and have the same footing -- the same 4 footing that Aqua Texas does, or any other for-profit 5 monopoly water company does in representing their case on the 6 other side. So, please consider that. 7 COMMISSIONER BALDWIN: Larry, let me ask you a 8 question about that. Surely there would be -- if the County 9 -- if the government were allowed to intervene on behalf of 10 the taxpayers, ratepayers, that there would be a cap on what 11 the County would be able to spend. I mean, the way I see it 12 right now is that you have -- whether I win or lose the 13 lawsuit, the water company's going to -- we pay for it 14 anyway. The citizens pay for it anyway. 15 MR. WESTFALL: Yes. 16 COMMISSIONER BALDWIN: And if the County 17 intervenes, citizens pay for it again. So, I mean, that's 18 just something that there at least -- there at least needs to 19 be a cap on how much the government should spend on something 20 like that. 21 MR. WESTFALL: The assumption I make is that the 22 standard that would be applied to the counties would be the 23 same standard that's applied to a water company, and that is 24 the word "reasonable." And I think in past instances, there 25 has -- Aqua Texas has not been successful in recovering all 12-10-12 69 1 of its legal expense, as I understand it, in previous cases. 2 So, I think that would be the standard. There's -- there's 3 other elements of potential legislation going on up there, 4 one of which would be to restrict length of time for 5 litigation. Aqua Texas stated during a mediation session 6 recently that they had already accrued $700,000 in legal 7 expenses on this case. And so -- so you say if a county 8 spent $100,000 in defending its citizens, it would add an 9 increment of 10 or 15 percent to the total. But the other 10 part of this that hopefully is going to change is, right now, 11 these -- these disputes can go on for four years, and that's 12 the reason they result in two or three million dollars in 13 legal expenses from the water company, because it just goes 14 on and on and on. 15 One of the legislative elements that I'm quite 16 hopeful will come out of this session will restrict the time 17 to litigate a case. And so if you put specific, stipulated 18 timeframes of nine months to a year, no more than a year and 19 a half, on the whole process to go to the evidentiary 20 hearing, it would, in fact, I think, reduce the overall cost. 21 And so one way to look at it is the current situation 22 provides no incentive at all for the water company to settle, 23 and so they go and they go and they go and they go, and they 24 keep accumulating expenses. In an instance where there is a 25 legal defense being provided in a professional way on the 12-10-12 70 1 other side, I think it's a reasonable expectation that the 2 process will shorten, and that the overall expenses of the 3 water company will come down. 4 COMMISSIONER BALDWIN: And you have a better chance 5 of doing that with the P.U.C. as opposed to the other agency. 6 MR. WESTFALL: Absolutely, yeah. 7 COMMISSIONER OEHLER: You might get to mediation 8 quicker too that way if you could -- 9 MR. WESTFALL: Yes. 10 COMMISSIONER OEHLER: -- if there was some 11 mediation part of that. 12 MR. WESTFALL: It would provide a meaningful reason 13 to settle in mediation, and therefore, mediation would likely 14 be earlier and probably be more effective. 15 COMMISSIONER OEHLER: Seems to me like you cut your 16 losses on both sides. 17 MR. WESTFALL: I believe you do. 18 COMMISSIONER BALDWIN: Yeah. 19 MR. WESTFALL: I think it's -- 20 COMMISSIONER MOSER: Has a bill like this ever been 21 proposed in the past in the State Legislature? 22 MR. WESTFALL: There have been numerous efforts at 23 legislation, different elements of this, moving the 24 jurisdiction, I think some on changing the timeframes. None 25 have -- none have been successful to-date. I don't know 12-10-12 71 1 whether this specific issue has been dealt with on a previous 2 initiative or not. I would like to just make one more 3 comment, and that is that the City of Kerrville did intervene 4 in this process. They came in relatively late, but they have 5 hired legal assistance, and they've been very supportive, 6 very effective to-date in strengthening the case on behalf of 7 citizens. There are about 100 citizens out of Kerrville 8 South that are in the city limits, and so that provided the 9 basis for the City to intervene. I want to compliment the 10 mayor and the City Council on behalf of the citizens, that I 11 think our -- our posture has strengthened somewhat over the 12 last few months because of the City's action. 13 And I've got to believe that a significant amount 14 of the rationale behind that action was -- was to support not 15 only those customers inside the city, but us, at least as 16 relates to the -- the fact that our common interest exists, 17 and therefore you really can't represent and support the 100 18 citizens without us gaining some benefit for the overall 19 system. So, for the whole of Kerrville, for the whole of 20 Kerr County, and for the whole of Gillespie County, that's a 21 part of our efforts. I thank the mayor for that effort. So, 22 thank you, gentlemen. 23 JUDGE TINLEY: Thank you, Mr. Westfall. Mr. Mayor, 24 did you want to make a couple of comments? 25 MAYOR PRATT: Sure, Judge. As Mr. Westfall stated, 12-10-12 72 1 the City did intervene in this case. We had an option of 2 whether to or not, as was discussed by -- by Commissioner 3 Letz there. We chose to do that. I encouraged it. Todd 4 Parton and myself have been at those hearings as well. The 5 legislation that's proposed for the counties will give the 6 County parity in what the City did. That's what it does. 7 The City had the choice; the County didn't. The legislation 8 will give the County the choice to do that. Just -- just for 9 the record, there's not 100 citizens; there's 100-plus 10 meters. Some of those meters have apartment complexes to 11 them, so it's more than just 100 citizens. I know one of 12 those apartment complexes does 35,000 gallons a month, so 13 that's a -- that's a lot of water. So, just -- I encourage 14 the State Legislature to -- to correct this issue. Because 15 in business, if I have a business, I've got to be competitive 16 and keep my prices low. There is no incentive in the state 17 of Texas for Aqua Texas to be competitive in its rates. Its 18 rates today in Kerrville South is three times what the City 19 charges, so we need to get the State Legislature in order. 20 JUDGE TINLEY: Thank you, sir. Mr. Millikan? 21 MR. MILLIKAN: Thank you, Judge. Very quickly, I 22 represent the Community Action Group of Kerrville South. I'd 23 like to affirm to you a little bit what has been said; that 24 we entered this knowing that we had very little leverage. 25 Well, we really had no leverage. We entered into it with a 12-10-12 73 1 hope, a little prayer, getting into it very quickly. We've 2 become very discouraged, and I would like to affirm to you 3 that if it wasn't for your backing, and with the City's 4 backing and the backing of -- of Mayor Pratt, we probably 5 wouldn't have the stamina to continue with that, 'cause it's 6 a broken system. But I want to affirm to you that it's your 7 support and the City's support that -- that's really kept us 8 into this and kept us fighting. And that's what it is. We 9 still don't have much hope at all. But we did enter into it 10 thinking that the legislative is really our only solution, 11 not for this rate, but for the future. And we're looking for 12 the future and getting some changes in the Legislature, and 13 that's where we plan to put most of our emphasis now. We've 14 fought our battles with Aqua. We've made several -- several 15 offers to them, and they freely just kind of turned up their 16 nose on it, on each of them. And each of them, I think 17 you've even agreed to, that they've been reasonable. And 18 we've even come off the reasonableness to even absurd from 19 our standpoint, but we want to get this thing settled. But 20 we thank you for your support, and we thank the City for 21 their support. 22 JUDGE TINLEY: Thank you, Mr. Millikan. We 23 appreciate CAG's willingness to take the lead on this when it 24 comes to putting -- putting the leg power into it. And I can 25 understand why you feel like, you know, you're butting your 12-10-12 74 1 head against a brick wall, but in large measure, that's what 2 you're doing. Just -- I guess you just get your head 3 tougher -- a little bit tougher each day, and go back to the 4 brick wall, huh? Don't you love that traffic in Austin? 5 MR. MILLIKAN: Oh, it makes us appreciate 6 Kerrville. 7 JUDGE TINLEY: Yeah. Mr. Mayor? 8 MAYOR PRATT: Just for the record, I want to -- I 9 misstated; I said 30-something thousand. I meant 300,000. 10 JUDGE TINLEY: Okay. Mr. William Cathey has filed 11 a participation form on this issue. 12 MR. CATHEY: Hi, William Cathey. Thanks for 13 allowing me to address you. I'm going to address one thing. 14 Commissioner Letz pointed out that the ratepayers will pay 15 for this representation by the County, but perhaps that's 16 better than not; it's spread across the whole region. In the 17 case of the southwest region, about 13,733. But there needs 18 to be fundamental reform. And I want you to just take a look 19 at the highlighted items on these sheets here. Without 20 fundamental reform, it's going to be like rearranging the 21 deck chairs on the R.M.S. Titanic to move the regulation from 22 T.C.E.Q. to the P.U.D. I guess the P.U.D. can't do worse 23 than T.C.E.Q.'s doing right now standing up for ratepayers. 24 But if you look at the highlighted revenues there, that's the 25 revenue requirements for this current rate increase that we 12-10-12 75 1 got in February, and you see about 43 percent of that are 2 things that publicly-owned water systems don't have to 3 contend with. Publicly-owned water systems don't pay profit 4 and they don't pay taxes. And that's one of the reasons why 5 our water rates are what they are. And, yeah, they will 6 continue to go up, because there's -- about 30 percent of 7 that revenue requirement is profit. And it's an 8 investor-owned utility, and they're in business to do what? 9 Make a profit. That's all I've got. 10 COMMISSIONER BALDWIN: Thank you. 11 JUDGE TINLEY: Thank you, Mr. Cathey. We 12 appreciate it. 13 COMMISSIONER LETZ: Just -- I want to recognize Mr. 14 Cathey. He probably, early on, I know, has done a -- 15 accumulated more of the data than us early on, and along with 16 Mr. Millikan and Mr. Westfall, really was instrumental in 17 mobilizing this whole effort. Thank you, Mr. Cathey, as 18 well. 19 JUDGE TINLEY: Okay. We wrung that one out 20 completely? We're going to give the reporter a break, take 21 about a 10-minute recess, come back and finish up. 22 (Recess taken from 10:40 a.m. to 10:52 a.m.) 23 - - - - - - - - - - 24 JUDGE TINLEY: Let's come back to order, if we 25 might, from our morning recess, and finish up our agenda. We 12-10-12 76 1 need to go back and pick up a couple of timed items. Item 2 15; consider, discuss, take appropriate action regarding 3 Friends of Kerr County Historical Commission funds held in 4 trust by Kerr County, including refund of funds to Friends of 5 Kerr County Historical Commission. Mr. Henneke? 6 MR. HENNEKE: Thank you. Gentlemen, at the last 7 Commissioners Court meeting, you asked for an accounting from 8 the Auditor's office as to the balance of the funds belonging 9 to the Friends of the Kerr County Historical Commission that 10 have been held in trust by the County, and I've received that 11 from the County Auditor. Her calculations are that there's a 12 current balance of $9,218.13. And I'll give this to the 13 clerk for backup. So, Commissioner Letz had wanted that 14 exact figure before approving the refund or return of those 15 moneys. 16 COMMISSIONER LETZ: That's -- what's the exact 17 figure? 18 COMMISSIONER OEHLER: $9,218 and -- 19 THE CLERK: 13 cents. 20 COMMISSIONER OEHLER: -- 13 cents. 21 MR. HENNEKE: Commissioner Oehler was listening. 22 COMMISSIONER LETZ: All right. I have an exact 23 figure now. 24 COMMISSIONER BALDWIN: So I'm assuming, then, the 25 next step here is to pass an order to release those funds. 12-10-12 77 1 Before we do that, I wonder if there's any comments from the 2 Historical Commission. 3 JUDGE TINLEY: I haven't received any participation 4 forms. 5 (Low-voice discussion off the record.) 6 MR. HENNEKE: Do you want to say anything? 7 JUDGE TINLEY: Yeah, she does. 8 MS. DYKE: Yes, I'll certainly speak to that. We 9 want to thank you very much for your wonderful support of 10 this project, and helping to us move along, which we've 11 greatly needed to do so. And, yes, we're grateful to you for 12 the vote to receive the funds that we will deposit in a local 13 bank and use for the future necessary funds for the fence 14 project. We thank you very much. 15 JUDGE TINLEY: Thank you, ma'am. 16 COMMISSIONER MOSER: Thank you. 17 COMMISSIONER LETZ: I'll make a motion that we 18 return to the Friends of the Kerr County Historical 19 Commission $9,218.13 that we have been holding in trust on 20 their behalf. 21 COMMISSIONER OEHLER: Second. 22 JUDGE TINLEY: Motion made and seconded as 23 indicated. Question or discussion? All in favor, signify by 24 raising your right hand. 25 (The motion carried by unanimous vote.) 12-10-12 78 1 JUDGE TINLEY: All opposed, same sign. 2 (No response.) 3 JUDGE TINLEY: Motion carries. Item 16 is to 4 consider, discuss, take appropriate action to approve 5 agreement with Schreiner University and Friends of the Kerr 6 County Historical Commission for improvements at the Union 7 Church property. 8 MR. HENNEKE: At the last Commissioners Court 9 meeting, I suggested a three-party agreement between the 10 County, Schreiner University, and the Friends group to 11 establish the rules for the erection of the fence and the 12 gate there at the Union Church. Cheryl has the original. 13 It's been signed by Schreiner, and it's been signed by the 14 Friends group. I've reviewed it and approved it -- I wrote 15 it -- and would submit that for the Court's approval for this 16 project. 17 COMMISSIONER BALDWIN: I've got a question. I got 18 a couple of questions, actually. Do you have one in front of 19 you? 20 MR. HENNEKE: No, sir, I don't. 21 COMMISSIONER BALDWIN: I may be able to just read 22 it, and you -- I just want a definition of what your words 23 mean exactly here. In the last whereas, the words 24 "furtherance of additional improvements." What would -- what 25 would that mean? 12-10-12 79 1 MR. HENNEKE: The fence and the gate. 2 COMMISSIONER BALDWIN: Nothing more than that? 3 MR. HENNEKE: Not under this agreement. 4 COMMISSIONER BALDWIN: And this agreement, the way 5 I've read it, or the way I understand it, is that it's things 6 like if -- if we took the old church and moved it somewhere 7 else, then those kinds of things would go with it. But 8 things like -- movable things. But things like, a month or 9 two ago we were talking about paving the parking lot down 10 there. This doesn't address anything like that, does it? 11 MR. HENNEKE: This agreement -- we have the lease 12 between the County and Schreiner, whereas Schreiner owns the 13 acre, and the County owns the church that sits upon that 14 acre. This, I guess, would maybe serve as an addendum to 15 that agreement. This agreement only talks about the fence 16 and the gate. 17 COMMISSIONER BALDWIN: Okay. 18 MR. HENNEKE: We did discuss at the last 19 Commissioners Court meeting, Commissioner Baldwin, the need 20 for further discussions with Schreiner University about a 21 long-term solution to Union Church, and if we had a long-term 22 commitment, either ownership of the land or something else, 23 then I think that would lead into more improvements, like a 24 paved parking lot or landscaping or something like that. 25 But as far as the -- the item before the Court today, this is 12-10-12 80 1 only speaking to the erection of the fence and the gate. 2 COMMISSIONER BALDWIN: Okay. And we're going to 3 continue seeking out this long-term -- long-term agreement? 4 MR. HENNEKE: I've asked on several occasions 5 through their attorney for Schreiner to -- to give us their 6 thoughts on that. 7 COMMISSIONER BALDWIN: Yeah, you got to watch those 8 lawyers. 9 COMMISSIONER MOSER: What is their reaction when 10 you ask? 11 MR. HENNEKE: I don't have a -- I don't have any 12 answer yet. I haven't gotten any reaction, Commissioner 13 Moser. 14 COMMISSIONER MOSER: Okay. 15 COMMISSIONER BALDWIN: Well, thank you for your 16 explanation. 17 COMMISSIONER MOSER: That was a good point. 18 JUDGE TINLEY: So, you're recommending that the -- 19 that Kerr County become a party to this proposed agreement 20 with Schreiner University and Friends of the Kerr County 21 Historical Commission? 22 MR. HENNEKE: Yes, sir. The agreement essentially 23 sets forth that the Friends is going to pay and make the 24 improvements. Schreiner approves them making those 25 improvements, and that following the completion of those 12-10-12 81 1 improvements, they'll belong to Kerr County. And if we move 2 the church, we'll take the fence and gate with us. 3 COMMISSIONER BALDWIN: Judge, I'd like to make a 4 motion that we approve this agreement. 5 COMMISSIONER MOSER: Second. 6 JUDGE TINLEY: Motion made and seconded for 7 approval of the agreement. Question or discussion? All in 8 favor of the motion, signify by raising your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: Motion carries. Let's go to Item 13 19. Looks like we got a series here. Consider, discuss, 14 take appropriate action to open and award Request for 15 Proposals and Request for Qualifications for the Texas 16 Community Development Block Grant Contract Number 712025. 17 Ms. Hargis? 18 MS. HARGIS: I think you probably have some 19 requests to open for me. 20 COMMISSIONER BALDWIN: Nice to see you folks. 21 MS. LENEHAN: Thank you. 22 JUDGE TINLEY: First proposal is for -- from Hill 23 Engineering, Inc., in association with Voelkel Land Surveying 24 and Rock Engineering and Testing Laboratory. Second one is 25 from V.E.I. Consulting Engineers, Vordenbaum Engineering, 12-10-12 82 1 Inc. Next one is from Tetra Tech. Next one is from -- hmm? 2 COMMISSIONER LETZ: I was going to say it's on the 3 front of that. 4 JUDGE TINLEY: Slay Engineering, Inc. And the last 5 one, it appears, is from Grantworks. 6 COMMISSIONER LETZ: Judge, I move we accept all 7 RFP's and refer them to the Auditor and -- no, not to the 8 Auditor? 9 MS. HARGIS: Just the Auditor. 10 COMMISSIONER LETZ: To the Auditor for review and 11 recommendation. 12 COMMISSIONER MOSER: Is it accepting RFP's or 13 accepting proposals? 14 COMMISSIONER LETZ: Proposals for RFP's. 15 COMMISSIONER MOSER: In response -- proposals in 16 response to RFP's. 17 JUDGE TINLEY: Yes. 18 COMMISSIONER MOSER: Right. So, we're accepting 19 the proposals. 20 JUDGE TINLEY: And RFQ's. 21 COMMISSIONER MOSER: Right, and RFQ's. Correct. 22 JUDGE TINLEY: I have a motion for acceptance of 23 the RFP's -- responses to RFQ's, RFP's, and refer to the 24 Auditor for review and recommendation. Any question or 25 discussion on that motion? All in favor of the motion, 12-10-12 83 1 signify by raising your right hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: Motion carries. 6 COMMISSIONER OEHLER: Did anyone second? 7 COMMISSIONER LETZ: Did we have a second? 8 COMMISSIONER BALDWIN: Second. 9 JUDGE TINLEY: Yeah, we had one. Y'all just can't 10 hear him. 11 COMMISSIONER BALDWIN: I really wanted to second 12 that. 13 COMMISSIONER OEHLER: That's pretty uncommon, not 14 to be able to hear him. 15 JUDGE TINLEY: Yeah. Cheryl and I heard it. 16 COMMISSIONER OEHLER: Did you? 17 JUDGE TINLEY: Yeah. And with my hearing being 18 what it is, you know, it's pretty good. Pretty good. Let's 19 go to Item 20; to consider, discuss, take appropriate action 20 regarding Texas Community Development Block Grant Contract 21 Number 712025. These are all timed items -- 10:40, 10:45, 22 and so forth -- that we're taking up now. 23 MS. HARGIS: I think the only one we're going to be 24 able to address is Grantworks, because I'm going to have to 25 have time to score the engineering, since we have so many 12-10-12 84 1 RFQ's on the engineering. If you're going to have a special 2 meeting on Monday, unless, you know, you're going to come 3 back, I'm going to have to score each one of the engineering 4 people. 5 JUDGE TINLEY: Okay. Is that true for Items 20, 6 21, and 22? 7 MS. HARGIS: Just 21 and 22. I think 20 -- 8 MR. HENNEKE: No, 'cause I think 20 requires that 9 you include the -- the approved vendors, both the project 10 administrator, which Grantworks is the only applicant, and 11 also the engineer. So, until we award it, we couldn't 12 complete the contract to execute it. Right? 13 JUDGE TINLEY: We got to determine the appropriate 14 vendors in each category before we can approve the contract. 15 Is that what I'm hearing? 16 MR. HENNEKE: I believe so. Right? 17 MS. LENEHAN: Well, I think 20 is just the state 18 contract, correct? 19 MR. HENNEKE: Right, the state contract. 20 MS. LENEHAN: The state contract does not have any 21 -- you do not need to award the administrator and engineer 22 prior to executing the state contract. 23 MR. HENNEKE: And it doesn't require submission of 24 the -- 25 MS. LENEHAN: No. 12-10-12 85 1 MR. HENNEKE: -- resolution? 2 MS. LENEHAN: That's just the County's approval of 3 the state contract, so there's no administration and 4 engineering activity that goes along with the execution of 5 the state contract. 6 MR. HENNEKE: The resolutions aren't part of that 7 contract? 8 MS. LENEHAN: They're not. 9 JUDGE TINLEY: So, it's appropriate to take up Item 10 20, but 21 and 22 must be deferred. 11 MS. HARGIS: Mm-hmm. 12 JUDGE TINLEY: Correct? 13 MS. HARGIS: Yes. 14 JUDGE TINLEY: Okay. Well, we're on Item 20, on 15 that state contract. 16 MS. LENEHAN: If I could just jump in -- 17 JUDGE TINLEY: Let's get your name and address so 18 that we -- 19 MS. LENEHAN: Sorry. I'm Regan Lenehan. I'm from 20 Grantworks. And I -- I think you could -- theoretically, if 21 the County Attorney and the Court approved it, you could 22 designate the administration portion of 21, but not the 23 engineering. If you'll -- because you only had one provider. 24 And on 22, that is actually a -- a resolution that would 25 authorize the county officials to sign grant-related 12-10-12 86 1 documents, so you could do that without hiring an 2 administrator or engineer. 3 COMMISSIONER OEHLER: Does this have to be done 4 before next Monday? 5 MS. LENEHAN: No. 6 JUDGE TINLEY: I think I'm on the same page with 7 Commissioner Oehler. We -- we probably can consider this 8 whole thing as one big package, because we've got to defer 9 action on the other items until next Monday, and we could 10 just do it all then. That's what I'm thinking. That way, we 11 know we haven't wandered off into the woods where we 12 shouldn't be. 13 MS. LENEHAN: Okay, sure. Yes, there's -- doing it 14 next Monday would be fine. 15 JUDGE TINLEY: So we're going to pass on 20, 21, 16 and 22. 17 COMMISSIONER MOSER: So, there's really not a whole 18 -- not a lot to be accomplished, other than the fact that you 19 could do those portions now, but if it waits, there's no down 20 side to that? 21 MS. HARGIS: Well, the contract -- no, I guess not. 22 The contract is the only down side. But if you're not going 23 to approve the providers, it's not going to -- 24 COMMISSIONER MOSER: That's it. 25 MS. LENEHAN: Doing the contract -- the reason -- 12-10-12 87 1 the only reason to do the contract is because the contract 2 began on November 1st, and so your clock is already ticking 3 on that. And at this point, you just have to sign it and 4 send it back to the state. They will execute it and then 5 send it back to you. So -- but you're -- I mean, you're 6 talking about a week. If you prefer to wait and do 7 everything together, then I think it just depends -- 8 JUDGE TINLEY: That's where I am. 9 MS. LENEHAN: -- on how the Court feels about it. 10 MS. HARGIS: Okay. 11 MS. LENEHAN: Okay. 12 JUDGE TINLEY: Okay. Let's go to Item 23, which is 13 an 11 o'clock timed item; to consider, discuss, and take 14 appropriate action to appoint Dr. Lillian Ringsdorf as the 15 Kerr County Local Health Authority. I put this on the agenda 16 after we were made aware that Dr. Guerra had decided to not 17 be the local county health authority. And I believe we've 18 got Dr. Ringsdorf -- Ringsdorf with us here today. Would you 19 stand up so we can all see who you are? And tell us a little 20 bit about yourself. 21 DR. RINGSDORF: Well, I am a medical doctor who 22 finished my residency with the Texas Department of State 23 Health Services. I actually have a residency in preventive 24 medicine, public health, and so I actually trained under 25 Dr. Delgado in Region 8. And so when he stepped down, took 12-10-12 88 1 another position in October, I have been serving as interim 2 regional medical director, so that is -- that makes me the 3 local health authority for counties in this area of Region 8 4 that do not have local health authorities, and then to step 5 in and assist all the local health departments and all the 6 local health authorities in the counties in this area. 7 COMMISSIONER MOSER: How many counties are in that 8 region? 9 DR. RINGSDORF: Twenty-eight. It's a strip across 10 Texas from Maverick over to the -- Maverick and Val Verde 11 over to the coast. It's just like a strip across the bottom 12 of Texas. 13 JUDGE TINLEY: You go all the way to the coast? 14 DR. RINGSDORF: Yes. 15 JUDGE TINLEY: I didn't realize that. 16 COMMISSIONER MOSER: Goodness. 17 DR. RINGSDORF: Yeah. So, the state of Texas is 18 divided up into regions because it's so large, and so each 19 region has their own medical director that takes care of 20 public health issues within their region. 21 JUDGE TINLEY: A large stretch of those counties 22 south of Bexar County. 23 DR. RINGSDORF: Well, including Bexar. Including 24 Bexar. 25 JUDGE TINLEY: Yeah, okay. We've had a lot of 12-10-12 89 1 population growth in some of that area because of that Eagle 2 Ford shale play that's going on there. 3 DR. RINGSDORF: Yes. Yes, there's a lot of 4 population movement, and a lot of potential for infectious 5 diseases spreading. It's an interesting time to be watching 6 that. We've had some things pop up that we've had to deal 7 with, so yeah. 8 COMMISSIONER MOSER: So, where do you -- where do 9 you reside, your office? 10 DR. RINGSDORF: The headquarters for Region 8 is in 11 San Antonio. 12 COMMISSIONER MOSER: San Antonio. 13 DR. RINGSDORF: But then we have sub-offices spread 14 throughout the region. We have one here in Kerrville where 15 we have a nurse and public health and prevention specialists, 16 and they provide everything from immunizations to people can 17 walk in, see if they have an STD, get tested and treated. 18 They also treat tuberculosis patients in this area, so they 19 have a broad breadth of knowledge to serve the community, 20 investigating disease outbreaks or any -- any reports of any 21 reportable disease. And they'll handle those investigations 22 from the sub-office, and then, you know, coordinate with us 23 in San Antonio as they need, you know, assistance in any way. 24 So -- 25 COMMISSIONER MOSER: On a personal note, two weeks 12-10-12 90 1 ago my wife was diagnosed with salmonella, and the local 2 person called the next day to check. 3 DR. RINGSDORF: Oh, great. 4 COMMISSIONER MOSER: And has been following through 5 on trying to determine the source of same. So, -- 6 DR. RINGSDORF: That's good to know. 7 COMMISSIONER MOSER: -- good response. 8 DR. RINGSDORF: That's good to know. That -- yeah, 9 we try to follow up quickly on all of those. 10 COMMISSIONER LETZ: So, the action is just to 11 appoint? 12 JUDGE TINLEY: Yeah, that's correct. 13 COMMISSIONER LETZ: I'll make a motion that we 14 appoint Dr. Lillian Ringsdorf as the Kerr County Local Health 15 Authority. 16 COMMISSIONER BALDWIN: Second. 17 JUDGE TINLEY: We have a motion and a second to 18 appoint the doctor as Kerr County Local Health Authority. 19 Question or discussion? All in favor, signify by raising 20 your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: Motion does carry. Welcome aboard. 25 DR. RINGSDORF: Well, thank you very much. 12-10-12 91 1 COMMISSIONER OEHLER: Thank you. 2 COMMISSIONER BALDWIN: While we're here, I want 3 y'all to meet this guy that's with her, though. Stand up and 4 give your name for the record. 5 MR. HANNEMANN: How are you doing? I'm Steve 6 Hannemann. I'm with the Department of State Health Services, 7 Region 8. I walked in the door and I saw Commissioner 8 Baldwin, and I came to work for the State Health Department 9 in 1984 and was working with EMS Regulatory. And so we were 10 reminiscing about old EMS changes and stuff in Kerr County 11 over the years, and like I said, he was a familiar face. 12 COMMISSIONER BALDWIN: When we moved the ambulance 13 service out of the private sector into the Kerrville Fire 14 Department, this is the guy that -- from the State that 15 slipped it in there, so he's been -- he's been around for a 16 long time. I'm amazed that you're still here and everything, 17 at your age. 18 MR. HANNEMANN: Well, you know, what can I say? 19 I'm not sure who's grayer. (Laughter.) But I'm also -- you 20 know, for the last nine years, I've -- I left the regulatory 21 side, and I'm the emergency coordinator for Public Health 22 Preparedness and Response, and so we work with your local 23 City/County emergency management officials. I know your Red 24 Cross folks; we attend meetings across the street over there, 25 so we try to stay in touch with the folks up here. 12-10-12 92 1 COMMISSIONER BALDWIN: Thank you very much for 2 being here. Good to see you. 3 MR. HANNEMANN: Not a problem. 4 JUDGE TINLEY: Buster's just amazed when he sees 5 anybody that's been around longer than he's been, because 6 he's one of the old mossbacks, as you know. So -- 7 MR. HANNEMANN: Anyway, good to be here today. 8 COMMISSIONER BALDWIN: Good to see you, sir. 9 MR. HANNEMANN: Okay. 10 JUDGE TINLEY: Okay, let's go to Item 24. 11 MS. GRINSTEAD: Judge? 12 JUDGE TINLEY: To consider, discuss, take 13 appropriate action regarding monitoring the fire sprinkler 14 system and contracting for services at the Hill Country Youth 15 Event Center. Commissioner Oehler? 16 COMMISSIONER OEHLER: I think there's something 17 else going on here we need to settle first. 18 THE CLERK: Yeah, the appointment of the doctor. 19 MS. GRINSTEAD: Yeah. 20 JUDGE TINLEY: Oh, okay. 21 COMMISSIONER OEHLER: I can't even hear myself 22 think over here, so much whispering going on. 23 COMMISSIONER BALDWIN: I thought you were going to 24 swear her in. 25 JUDGE TINLEY: Well, eventually, that will -- that 12-10-12 93 1 will happen. 2 COMMISSIONER BALDWIN: I see an oath of office 3 here. 4 JUDGE TINLEY: Yeah. Yeah. 5 MS. GRINSTEAD: And I think there's one for her to 6 sign while she's here as well. 7 JUDGE TINLEY: That is correct. That is correct. 8 I tell you what, I think I'll just step down and do that now. 9 I don't think y'all are going to be happy until I do. Is 10 that right? 11 COMMISSIONER BALDWIN: That's correct. 12 COMMISSIONER LETZ: Right. 13 JUDGE TINLEY: That's what I thought. 14 COMMISSIONER OEHLER: I just hate to see you leave 15 something undone like that. 16 JUDGE TINLEY: Well, I so seldom do that. Doctor, 17 would you step on up here? 18 DR. RINGSDORF: Sure. 19 JUDGE TINLEY: And would you please raise your 20 right hand? "I, Lillian Ringsdorf." 21 DR. RINGSDORF: I, Lillian Ringsforf. 22 JUDGE TINLEY: "Do solemnly swear or affirm." 23 DR. RINGSDORF: Do solemnly swear or affirm. 24 JUDGE TINLEY: "That I will faithfully execute the 25 duties." 12-10-12 94 1 DR. RINGSDORF: That I will faithfully execute the 2 duties. 3 JUDGE TINLEY: "Of the office of Health Authority." 4 DR. RINGSDORF: Of the office of Health Authority. 5 JUDGE TINLEY: "Of the State of Texas." 6 DR. RINGSDORF: Of the State of Texas. 7 JUDGE TINLEY: "And will, to the best of my 8 ability." 9 DR. RINGSDORF: And will, to the best of my 10 ability. 11 JUDGE TINLEY: "Preserve, protect, and defend." 12 DR. RINGSDORF: Preserve, protect, and defend. 13 JUDGE TINLEY: "The Constitution and laws of the 14 United States." 15 DR. RINGSDORF: The Constitution and laws of the 16 United States. 17 JUDGE TINLEY: "And of this state." 18 DR. RINGSDORF: And of this state. 19 JUDGE TINLEY: "So help me God." 20 DR. RINGSDORF: So help me God. 21 JUDGE TINLEY: Okay. Where's your pen? Hand me a 22 blue pen. Is that blue? 23 COMMISSIONER OEHLER: I don't know. Yeah, it's 24 blue. 25 JUDGE TINLEY: I need you to sign that right there, 12-10-12 95 1 and just like it appears there. There you go. We're not 2 going to be able to read it anyway, are we? 3 DR. RINGSDORF: No. 4 JUDGE TINLEY: Okay. Let me make sure we don't 5 have anything else. These guys are pretty doggone demanding. 6 I think we've got it for now. 7 DR. RINGSDORF: Okay. 8 JUDGE TINLEY: Thank you, ma'am. 9 DR. RINGSDORF: All right. 10 JUDGE TINLEY: If there's anything else, -- 11 DR. RINGSDORF: Good working with y'all. 12 JUDGE TINLEY: -- we'll get it to you. I've got to 13 sign off on it. All right. Is everybody happy? We ready to 14 move forward? Let's go to Item 24; to consider, discuss, 15 take appropriate action regarding monitoring the fire 16 sprinkler system, contracting for services at Hill Country 17 Youth Event Center. Commissioner Oehler? 18 COMMISSIONER OEHLER: Well, it was brought to my 19 attention last week that when you have a fire alarm system in 20 a building, you have to have somebody monitor it, and that 21 generally is the -- from what I found out, the company that 22 installs it, instead of trying to have somebody else monitor 23 somebody else's system. So, I had them send a proposal of 24 what it would cost to do that annually, and I think it's 400 25 and -- 12-10-12 96 1 COMMISSIONER MOSER: 20. 2 COMMISSIONER OEHLER: -- 20 dollars a year, and 3 that seems to be consistent with what we're paying now for 4 service we have at the courthouse. One of those things I 5 didn't know about. 6 COMMISSIONER MOSER: Who provides the service at 7 the courthouse? 8 COMMISSIONER OEHLER: IHR. 9 COMMISSIONER MOSER: Okay. 10 COMMISSIONER OEHLER: That's what Tim told me the 11 other day. And from what I'm told, in order for some other 12 company to monitor a system that's not their own, there has 13 to be some other equipment installed, which costs more money. 14 Same old story. So, I recommend that we contract with this 15 company that's actually putting in the system. I don't have 16 it in front of me here. 17 JUDGE TINLEY: Beckwith. 18 COMMISSIONER LETZ: Beckwith Electronic 19 Engineering. 20 COMMISSIONER BALDWIN: Bruce, did they -- you may 21 have said this, and I just came out of that coma that I was 22 in a minute ago. Do they, like three or four times a year, 23 come by and check on the thing, or what? How -- 24 COMMISSIONER OEHLER: They do it all -- it's all 25 done electronically. 12-10-12 97 1 COMMISSIONER BALDWIN: I see. Okay. 2 COMMISSIONER OEHLER: They're just monitoring the 3 alarm system; they're not monitoring the -- the sprinkler 4 system. 5 COMMISSIONER LETZ: Two different things. 6 COMMISSIONER BALDWIN: Or the -- 7 COMMISSIONER OEHLER: Just the fact that the alarm 8 will go off or not. 9 COMMISSIONER MOSER: It's required by the insurance 10 company, or by whom? 11 COMMISSIONER OEHLER: State law. 12 COMMISSIONER MOSER: State law requires it? 13 COMMISSIONER OEHLER: You can't have an alarm 14 system without having it monitored. I mean, wouldn't do you 15 any good if it wasn't being monitored. 16 COMMISSIONER MOSER: Yeah. I was just wondering 17 whose requirement. State law? 18 COMMISSIONER OEHLER: State or federal, or both. 19 From what I'm told, you can't -- you can't have one unless -- 20 COMMISSIONER MOSER: I thought it would have been 21 an insurance requirement, as opposed to -- 22 COMMISSIONER OEHLER: Probably insurance too, but 23 if it doesn't work, then somebody's liable if you were to 24 have a fire. 25 COMMISSIONER MOSER: That's the reason I thought 12-10-12 98 1 it's probably insurance. 2 COMMISSIONER LETZ: Okay. 3 COMMISSIONER OEHLER: It just goes with the 4 territory, what I found out. 5 COMMISSIONER LETZ: And this is a -- the funding 6 for it comes out of the maintenance budget, out of -- 7 COMMISSIONER OEHLER: Yeah. 8 COMMISSIONER LETZ: -- one of their maintenance 9 line items. I mean, -- 10 COMMISSIONER OEHLER: It's just -- 11 COMMISSIONER LETZ: -- it's nothing to do with the 12 Ag Barn. Just adding a new alarm system to our -- 13 COMMISSIONER MOSER: So, this company receives the 14 alarm, should it happen, and then they, in turn, call -- 15 COMMISSIONER OEHLER: That's right. 16 COMMISSIONER MOSER: -- 911? 17 COMMISSIONER OEHLER: Right, they pass it on. 18 COMMISSIONER MOSER: Just like IHR does. 19 COMMISSIONER OEHLER: Same thing. As soon as an 20 alarm goes off, they make contact with the necessary fire 21 department in that area, the way I understand it. So, I -- 22 you know, I move that we -- that we contract for the fire 23 alarm monitoring to be done by Beckwith Electronic 24 Engineering Company, and the price for that is $420 annually. 25 COMMISSIONER MOSER: Where are they located? 12-10-12 99 1 COMMISSIONER OEHLER: Well, they're in -- 2 COMMISSIONER LETZ: San Antonio is where the office 3 is. 4 COMMISSIONER OEHLER: Yeah. 5 COMMISSIONER MOSER: So they get the call; they get 6 the notice from here. It goes to San Antonio, and then they 7 call 911 here? 8 COMMISSIONER OEHLER: My understanding. 9 COMMISSIONER MOSER: Mm-hmm. 10 COMMISSIONER OEHLER: The chances of that happening 11 are slim and none. 12 COMMISSIONER LETZ: They may contract with somebody 13 else, too. 14 JUDGE TINLEY: I have a motion. Do we have a 15 second? 16 THE CLERK: No, sir. 17 JUDGE TINLEY: Not yet. 18 COMMISSIONER LETZ: Second. 19 JUDGE TINLEY: I have a motion and a second for 20 approval of the Beckwith Electronic Engineering Company 21 proposal to monitor the show barn sprinkler system there at 22 the youth exhibit -- Youth Event Center. 23 COMMISSIONER OEHLER: They are the engineering 24 group that is installing this system as well. It's not just 25 a third party, like they're someone that's coming in on 12-10-12 100 1 somebody else's service. 2 COMMISSIONER MOSER: Question. The agreement is 3 for what period of time? 4 JUDGE TINLEY: One year, it appears. 5 COMMISSIONER MOSER: One year, okay. 6 COMMISSIONER OEHLER: It's an annual deal, just 7 like we have here. 8 COMMISSIONER MOSER: Yeah, okay. 9 COMMISSIONER OEHLER: It's -- Tim said 400 bucks a 10 year for this one. And, of course, IHR is kind of -- 11 COMMISSIONER MOSER: So it's for a one-year period. 12 COMMISSIONER OEHLER: Yeah, it's a one-year period. 13 COMMISSIONER MOSER: Good. 14 JUDGE TINLEY: Further question or comments on the 15 motion? All in favor of the motion, signify by raising your 16 right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: Motion does carry. Item 25 is to 21 consider, discuss, take appropriate action to set and/or 22 confirm official Kerr County policy or policies on acceptance 23 or not of cash payment of obligations to Kerr County, or 24 obligations for which Kerr County is acting as collection 25 agent. I put this on the agenda after becoming aware that, 12-10-12 101 1 while we have a preference that individuals in some cases pay 2 their obligations due to Kerr County, or possibly to others 3 that we are acting as collection agency for that, which is 4 generally fines, fees, restitution, things of that nature, 5 while we -- while we may have a preference to accept money 6 orders or cashier's checks, the question that arose is 7 whether or not, if cash is tendered by an obligor, whether or 8 not we should have a policy that -- I suppose by department, 9 or maybe by county-wide policy -- that we refuse cash and 10 require payment by certified funds in some manner, be it 11 money order or -- or cashier's check. Certainly, personal 12 checks are a matter of discretion. We're not required to 13 accept those. But -- 14 COMMISSIONER BALDWIN: We have had this 15 conversation before. 16 JUDGE TINLEY: Yeah, we have. Yeah, we have. And 17 I'm -- it concerns me if an obligor is tendering cash and is 18 told, "I'm sorry, we cannot accept cash." 19 COMMISSIONER BALDWIN: What do we accept? We 20 accept a check? 21 MS. PIEPER: May I address this as far as my office 22 goes? 23 JUDGE TINLEY: Mm-hmm. 24 COMMISSIONER BALDWIN: Okay. 25 MS. PIEPER: On criminal cases only, when a 12-10-12 102 1 defendant comes out of court, they go over to the Compliance 2 Department if they need to set up a payment plan. At that 3 point, they set up their payment plan with how many payments 4 and what the payments are, and on the bottom of that payment 5 plan, it was set up years ago when we got the Compliance 6 Department, and I believe it was also at the recommendation 7 of Office of Court Administration, but I'm not completely 8 clear on that, that either by cashier's check or money order. 9 Now, if they come to court and they plea out that day, and 10 they have a wad of cash, we accept it. If they want to pay a 11 portion of that fine or court cost that day in cash, we 12 accept it. They go over to Compliance, set up a payment 13 plan. From that point on, they're asked to bring cashier's 14 check or money order. Anything else in my office, it's cash, 15 check, money order, whatever they bring in. Criminal 16 defendants are a little bit different than other people 17 walking in the office. Some of them, it's just a first-time 18 mistake that somebody's made, and they get their punishment 19 for it. Some of them are habitual. 20 But I'd like to give you two scenarios, and that 21 would kind of help you understand why I do cashier's checks 22 or money orders once they get on that payment plan. A couple 23 of years ago, back when Rex Emerson was the County Attorney, 24 he had a gentleman that was in the military, came home on 25 leave, somehow messed his checkbook up and got a hot check, 12-10-12 103 1 and then he had to go back to wherever he was deployed to. 2 So, they did what they call a plea in absentia, which is 3 basically a plea by mail. So, I got a memo from Mr. Emerson 4 saying I don't know what happened, but a couple of months 5 ago, this gentleman paid by cashier's check or money order. 6 We sent you the paperwork, but it still shows outstanding in 7 the computer. So, we do our little search, go through 8 everything, can't find it. It still shows outstanding. But 9 because of the cashier's check or money order, I was able to 10 put a trace on it. It had not been cashed. So, out of my 11 pocket, I paid that trace fee, I paid the stop payment fee, 12 and I got the money, another cashier's check cut. We were 13 able to credit out his account. Because it was lost 14 somewhere between the County Attorney's office and my office. 15 That's one scenario. 16 I had another case where a gentleman comes in and 17 brings his -- I think it's his girlfriend; I don't know for 18 sure. Walks over to my County Court at Law section and says, 19 "Who did you give the money to? Which one of these girls?" 20 Well, this lady points out one of my deputies, and so we're 21 like, "What's up?" And he says, "I have this receipt, 'cause 22 I paid the other day, and my balance is wrong." So, we go 23 through his history, and there was one month that he has 24 missed. And we asked, "Do you have a receipt for it? We 25 don't show it in the computer as being paid." "No, but I 12-10-12 104 1 have it at home." He goes home, comes back. He cannot find 2 the receipt from the clerk's office, but he finds his little 3 receipt from his money order. We put a tracer on it. His 4 girlfriend paid a utility bill with it. But by that, that 5 gets us off the hook, you know, because he's -- he's telling 6 my deputy, "You find it. I gave her my" -- this lady -- 7 "money to go get that money order, and she come in and she 8 said you -- you took it. You need to find it. What did you 9 do, go shopping on it?" You know. So, it puts my deputies 10 in a very odd situation. And we've had several of those 11 scenarios happen over the course of years, so it's kind of 12 like a double-check system. If I can't find a receipt and 13 they don't produce the receipt from the clerk's office, a lot 14 of times they can produce their receipt from their money 15 order. 16 COMMISSIONER BALDWIN: Jannett, is there -- is 17 there other offices that receive moneys like that, payments? 18 MS. PIEPER: I have no idea. 19 COMMISSIONER BALDWIN: So, we're probably 20 addressing you. 21 MS. PIEPER: We're probably addressing my office. 22 Because I had a gentleman the other day that came in and got 23 upset because -- I don't know what his offense was; it 24 doesn't matter. But he -- he made a comment that he is on a 25 long-term payment plan, and was upset because he's required 12-10-12 105 1 to do a cashier's check or a money order, and that's very 2 inconvenient for him. And I explained to him that all the 3 grocery stores offer cashier's checks or money orders. 4 Surely you go to the grocery store at least once a month. I 5 also suggested if he has bill pay, he can just set it up on 6 bill pay where it automatically, once a month, will cut a 7 check and send it to me, and he won't even have to come to 8 the courthouse. So, I don't know that he liked that either. 9 COMMISSIONER LETZ: I don't think -- 10 MR. HENNEKE: I would disagree with -- you know, 11 cash is legal currency. We talked about this before. I 12 accept payments. You know, I take restitution; we collect 13 between $11,000 and $14,000 a month in hot check restitution, 14 and -- and there's safeguards in place. You know, we confirm 15 the payment. We issue a receipt to the person. Personally, 16 it's hard enough sometimes to get folks to pay, that I 17 disagree with putting additional hurdles in front of them, 18 and the costs associated with that. You know, whatever it 19 costs to go to Mini-Mart and get a cashier's check or money 20 order, I mean, that just adds for every time they make a 21 payment on top of what it costs them. So, we make an entry 22 in our computer system. You don't leave from the County 23 Attorney's office, if you make a payment, without getting a 24 receipt. And, you know, if someone comes back and says, 25 "Hey, I made a payment," and we don't have a record of it, 12-10-12 106 1 our first question is going to be, "Let's see your receipt." 2 So, I think you can put safeguards in place. Certainly, they 3 need to be handled internally. But -- and particularly for 4 collection of the fines and court costs and restitution that 5 I'm assessing through the prosecution. I don't think we 6 ought to make that any -- any more difficult. And, you know, 7 with the volume that we do, we've collected over a million 8 dollars this year. I'm sure occasionally there might be 9 someone who comes in to try to claim they did something, or 10 one missed payment or something. But I don't think that 11 anything needs to be changed. I'd recommend against it. 12 MS. PIEPER: Well, it's so much easier when I can 13 put a trace on it and find them, especially with the one lady 14 that paid her utility bill out of it. 15 JUDGE TINLEY: You got a receipt system also. And 16 I understand that receiving cash puts some additional 17 difficulties on us, as the receiver, and to make sure we have 18 safeguards in place so that we've got security so that we -- 19 we can show good faith and account for these things. But I 20 just -- I just have an aversion to telling someone they can't 21 pay their just obligations with what our government says is 22 legal tender of this land, and particularly those on the 23 lower end of the socioeconomic scale that we traditionally 24 see involved in criminal activity. They have a hard enough 25 time taking care of these obligations sometimes, and to add 12-10-12 107 1 additional costs to them on the basis that it's more 2 convenient to us -- now, granted, they also have another 3 receipt for it. But when we issue a receipt for cash, that's 4 -- that ought to be adequate. 5 And I'm just flat adverse to anything that requires 6 them to come with anything other than what any other debt in 7 this country can be settled legally for, and that's with 8 cash. A lot of people don't do -- I understand we have 9 credit cards, and we can do that. We have to add a surcharge 10 because of -- of the hickey we take when processing those 11 credit cards, and I can understand that, and they understand 12 that. But I'm just really, really adverse to, quote, 13 refusing cash for any purpose. As I recall, our County 14 Treasurer had some training here just a few weeks ago in 15 order to safeguard against funny money or counterfeit money, 16 and we had representatives from the various offices here to 17 give them that training. And I also think we had some from 18 the City, if I'm not mistaken, that took advantage of that. 19 And -- 20 COMMISSIONER BALDWIN: Judge, may I say something? 21 JUDGE TINLEY: You may, sir. 22 COMMISSIONER BALDWIN: I agree with you. Now, I 23 heard that side of it. You know, it seems unreasonable for 24 us not to receive the tender of our -- U.S.A. But I 25 definitely don't think that we need to try to order her to do 12-10-12 108 1 something. I think that she can kind of see what the feeling 2 is at this table and act accordingly, I think, but I don't 3 know that we need to get into her business. 4 MR. HENNEKE: Well, and I don't -- just to throw a 5 wrinkle in that, too, especially if we're talking about 6 collection of fines, costs, and -- 7 COMMISSIONER BALDWIN: Well, if there's -- if 8 there's legal things, go get them, you know. But I don't 9 know that this Court needs to be ordering anybody -- an 10 elected official how to run their office. I'm certainly not 11 going to ask you to do anything. 12 MR. HENNEKE: No, I don't disagree with that. 13 COMMISSIONER BALDWIN: That's all I'm saying. 14 JUDGE TINLEY: Commissioner, I put the matter on 15 the agenda as to whether or not we should set or confirm an 16 official Kerr County policy. 17 COMMISSIONER BALDWIN: A policy. Yeah, okay. I 18 see that. I see that. 19 JUDGE TINLEY: And I'm -- I just want -- I just 20 want there to be clear direction as to what the official 21 policy is of Kerr County. If you feel like that there's not 22 a need at this time to set or confirm an official policy, 23 why, certainly, if -- if it's not presently there, if you 24 feel like there's not the necessity of one, at least at this 25 time, we can go ahead and pass. But as you indicated, seems 12-10-12 109 1 to be some -- some clear feeling on -- 2 COMMISSIONER BALDWIN: Mm-hmm. 3 JUDGE TINLEY: -- what ought to happen. 4 COMMISSIONER MOSER: I think I agree with you, 5 Judge, that the -- if they tender such payments with cash, we 6 should figure out how to do that. I think a policy is -- is 7 in order; either do it or don't do it. I suspect a lot of 8 people having to pay this wouldn't even know what a cashier's 9 check is. And -- but they do know what cash is. And as you 10 say, that's a burden, and it's -- it's to our advantage to be 11 able to accept these things. And I think to cause confusion 12 from one department of the county to the other of how you 13 make payments is -- is a disadvantage also. Not being -- 14 COMMISSIONER OEHLER: Some people don't have bank 15 accounts. 16 COMMISSIONER MOSER: That's true, right. And don't 17 have credit cards. 18 COMMISSIONER OEHLER: They do go get a money order, 19 but that's -- you know, takes some time. 20 JUDGE TINLEY: And costs some money. 21 COMMISSIONER BALDWIN: Extra money. 22 COMMISSIONER OEHLER: And it's not like you just do 23 it one time and it's over. For most of these folks, they 24 have to do it multiple times. I don't know what those things 25 cost. 12-10-12 110 1 COMMISSIONER MOSER: I don't either. 2 COMMISSIONER OEHLER: You know, they cost 3 something, and plus the aggravation of having to go do it. I 4 just -- I'll tell you, I just can't see not taking the -- 5 taking the U.S. currency as legal tender for a debt or for an 6 obligation. I can't buy into that. 7 COMMISSIONER MOSER: I agree. 8 COMMISSIONER OEHLER: I can guarantee you, if 9 somebody offered me cash to settle something, they'll -- it's 10 just fine with me. I realize this is a little different, 11 because it's got to be more accounted for, and public funds 12 and all that kind of stuff. But -- 13 COMMISSIONER BALDWIN: Let me ask this. Is -- is 14 there a certain time, like in January -- do we have -- does 15 someone come forward with possible policy changes at a 16 certain time or period that we do that? I remember when we 17 had a former employee that did that, and she was pretty -- 18 kind of pretty regular with that kind of stuff. 19 JUDGE TINLEY: We've had periodically changes to 20 our official policy, most of them dealing with personnel 21 matters. And as -- as they've arisen, why, they've been 22 brought forward. If there's a -- a window within which 23 traditional and official policy matters have been considered, 24 I'm not aware of it. 25 COMMISSIONER BALDWIN: Well, okay. Maybe not. 12-10-12 111 1 COMMISSIONER LETZ: I'm just -- I agree with 2 everything that's been said. I think it's only -- you know, 3 my feeling is the same; you should accept cash. But the 4 difficulty comes in telling another elected official how to 5 run their office. So, you know, my preference is to accept 6 cash, but I'm not sure that we should get in the position -- 7 I don't want in the position of telling Jannett how to run 8 her office. 9 COMMISSIONER OEHLER: That's a good point. I agree 10 with that, too. I just think that cash is a legal tender and 11 should be accepted. 12 COMMISSIONER LETZ: Yeah, I agree. 13 COMMISSIONER OEHLER: Long and short. Don't care 14 who's doing it or how it's happening. 15 JUDGE TINLEY: Okay. Any member of the Court have 16 a motion they want to offer on this? Hearing none, we'll 17 move on. Let's go to Item 26; to consider, discuss, take 18 appropriate action to approve the elected official bond of 19 Constable, Precinct 2, Joel Ayala. 20 COMMISSIONER BALDWIN: Did we find the lost policy? 21 MS. PIEPER: I haven't found it. Nobody's 22 contacted me on it. 23 JUDGE TINLEY: Okay, I guess we pass on that. 24 COMMISSIONER OEHLER: Mr. Ayala needs to find his 25 bond. 12-10-12 112 1 JUDGE TINLEY: Yeah. 2 COMMISSIONER BALDWIN: By the way, that's one of 3 the funniest things I've seen in a while. 4 JUDGE TINLEY: All-righty. Looks like we've got 5 everything to go to Section 4, payment of the bills. 6 COMMISSIONER BALDWIN: I move that we pay our 7 bills. 8 JUDGE TINLEY: I have a motion. 9 COMMISSIONER MOSER: Second. 10 JUDGE TINLEY: And a second to pay the bills. 11 Question or discussion on the motion? All in favor of the 12 motion, signify by raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: The motion does carry. Don't have 17 any budget amendments, do we? 18 MS. HARGIS: No, sir. 19 JUDGE TINLEY: No late bills? 20 MS. HARGIS: No. 21 JUDGE TINLEY: Okay. Monthly reports. I've been 22 handed monthly reports for November 2012 from County Clerk; 23 Justice of the Peace, Precinct 3; Justice of the Peace, 24 Precinct 1; Constable, Precinct 1; District Clerk; Constable, 25 Precinct 4; Constable, Precinct 2; Constable, Precinct 3 for 12-10-12 113 1 October and November 2012; Environmental Health; and Kerr 2 County Payroll. Do I hear a motion that the indicated 3 reports be approved as presented? 4 COMMISSIONER BALDWIN: So moved. 5 COMMISSIONER OEHLER: Second. 6 COMMISSIONER BALDWIN: As presented. 7 JUDGE TINLEY: Motion made and seconded that the 8 indicated reports be approved as presented. Question or 9 discussion? All in favor of the motion, signify by raising 10 your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: The motion does carry. okay. Let's 15 go to Section 5, reports from Commissioners in connection 16 with their liaison or committee assignments. Commissioner 17 Baldwin? 18 COMMISSIONER BALDWIN: Sir, I don't have anything 19 to report at this time. Thank you for the opportunity, 20 though. 21 JUDGE TINLEY: Commissioner Moser? 22 COMMISSIONER MOSER: Nothing more to report than I 23 already have. 24 JUDGE TINLEY: Commissioner Letz? 25 COMMISSIONER LETZ: Just a brief update on the 12-10-12 114 1 library. The -- at our last -- well, the last library 2 meeting I went to, obviously, it was in the paper that 3 they're going to -- I guess the Council voted on it, or going 4 to, a recommendation to charge non-city residents a fee. I 5 think it was -- if I remember, I think it was $35 just to 6 check out books, $35 if you want computer access, or $65 for 7 the package, or something along those lines. And it's -- 8 that's just kind of where they were. They didn't make a 9 whole lot of comments. Some comments about some other stuff 10 at the meeting. I suspect, based on some comments, that the 11 plan is at the City to remove the County as having a 12 representative on the library advisory committee, which I've 13 told them previously I thought was appropriate if we're not 14 involved with it at all. But I also did mention to the -- 15 the group there, and to the mayor, that if they want -- the 16 current arrangement, you know, was a three-year deal, so to 17 speak, with the -- that we receive funding, which we have 18 not, from the Cailloux Foundation. But beyond that, you 19 know, there's nothing that's been discussed, and if the City 20 wanted to discuss a more long-term position, you know, I 21 certainly -- I'm sure we'd be glad to visit with them about 22 it. So, I don't know where -- that may or may not go. The 23 -- and I think I handed out to everybody, or Jody put in your 24 box some data they had about other communities in Texas, the 25 library. Generally, there are a lot of communities where 12-10-12 115 1 there's a city library, and the county does not participate 2 in funding of it, and those communities generally charge a 3 fee to non-city residents. And then those where there is 4 participation by the county, it varies from -- one that stood 5 out in my memory was San Marcos. I believe they had about a 6 $1.2 million budget, and the county contributes 80,000 to 7 Kendall County. The city produces -- I think it's about a 8 $550,000 budget, and the county contributes about 150, plus 9 or minus. I didn't notice any on the list where there's a 10 fifty-fifty contribution, which we did for a while. It 11 varies all over the place, so I don't think there's any kind 12 of a standard as to how this is done statewide. So, anyway, 13 that's just kind of an update on where we are with that. And 14 the other thing -- 15 COMMISSIONER MOSER: Can I ask a question on this? 16 COMMISSIONER LETZ: We can't talk about stuff in 17 here. You can probably ask, but I can't answer it. He'll 18 get mad at us if we discuss it. We can put on it an agenda. 19 COMMISSIONER MOSER: Yeah, okay. Probably the 20 thing to do. 21 COMMISSIONER LETZ: And I guess we need to let Jody 22 know when we're going to have our meeting on January 1st, a 23 time. Judge, why don't you just pick a time, either -- 24 JUDGE TINLEY: 10 o'clock. 25 COMMISSIONER LETZ: And that's it. That's all I 12-10-12 116 1 have. 2 JUDGE TINLEY: Swearing in 10 o'clock, special 3 meeting. 4 COMMISSIONER BALDWIN: And what time is the 5 snowbird thing or whatever that thing is? Does anybody know 6 that? 7 MR. HENNEKE: Always at noon, isn't it? 8 JUDGE TINLEY: Polar Bear. I think that's at noon 9 or after. 10 COMMISSIONER BALDWIN: Is it? 11 JUDGE TINLEY: Yeah. I think they try and get you 12 in the warmer part of the day a little bit. 13 MR. HENNEKE: If you want some practice runs, 14 though, I'm sure they can get you in. (Laughter.) 15 COMMISSIONER BALDWIN: I just want to make sure 16 I've got time to leave here and get out there. 17 MR. HENNEKE: I can call out there today, and they 18 can get that slide open. 19 JUDGE TINLEY: We can schedule the meeting in a 20 manner where you could make that. That might be to your 21 advantage. 22 COMMISSIONER BALDWIN: Yeah, that may be. 23 COMMISSIONER MOSER: You'd have to refund all the 24 donations, plus interest. 25 COMMISSIONER BALDWIN: Yeah, have to turn my Speedo 12-10-12 117 1 back in. 2 COMMISSIONER LETZ: I do have one last comment. 3 For those who may not know, may not want to watch or may want 4 to watch, but on the David Letterman show tonight, Johnny 5 Manziel will be present. 6 COMMISSIONER BALDWIN: Oh. 7 COMMISSIONER LETZ: He will be doing the Top 10. 8 I'm not a big fan of the David Letterman show, but anyway, 9 it's a -- he will be doing the Top 10, which is a nightly 10 thing on his show, as I understand it, so it may be 11 interesting to watch. 12 COMMISSIONER OEHLER: Maybe they'll have reruns and 13 highlights in the morning, 'cause that's past my bedtime. 14 COMMISSIONER BALDWIN: Yeah. Hey, could -- a 15 little request here. I really would like to hear his 16 question, though. 17 COMMISSIONER LETZ: He can ask it. 18 JUDGE TINLEY: Ask the question. 19 COMMISSIONER BALDWIN: You're not going to get an 20 answer today, but I really would like to hear the question. 21 COMMISSIONER MOSER: The question is, the 22 interlocal agreement between the City and the County says the 23 County pays $200,000. The funds will come from a grant from 24 the Cailloux Foundation. The documents specifying the 25 agreement between the County and Cailloux Foundation have 12-10-12 118 1 other stipulations relative to the emergency medical services 2 and fire, which we have an agreement with the City. So, this 3 issue is not between the City and the County; it's between 4 the County and the Cailloux Foundation. So, my question, of 5 which I will not get an answer, is it's -- it's a -- why can 6 the County not accept the conditions -- since we already have 7 an agreement between the City and the County on fire and 8 medical, why can't we accept the constraints imposed by the 9 Cailloux Foundation so that the citizens do not have to pay 10 the $65 or $35 per service that's being rendered? That's my 11 question, no answer to be provided. 12 JUDGE TINLEY: Do you have copies of the two 13 agreements? 14 COMMISSIONER MOSER: Yes, I do. 15 JUDGE TINLEY: I just want to make sure you have 16 copies. 17 COMMISSIONER MOSER: Yeah, I do. I talked to the 18 County Attorney to get the background. 19 JUDGE TINLEY: Okay. 20 COMMISSIONER MOSER: So, yes, I do. 21 JUDGE TINLEY: Okay. 22 COMMISSIONER MOSER: Okay. 23 JUDGE TINLEY: Commissioner Oehler, have you got 24 anything for us? 25 COMMISSIONER OEHLER: No, I think I'm done for the 12-10-12 119 1 day. 2 JUDGE TINLEY: You're all done, okay. 3 COMMISSIONER BALDWIN: Did you have a comment about 4 that? 5 MR. HENNEKE: No. My comment was, let's put it on 6 an agenda item. 7 COMMISSIONER OEHLER: See? 8 JUDGE TINLEY: Yeah. Yeah. I think that's an 9 excellent recommendation. I -- I want to go on record. I've 10 confirmed with Ms. Grinstead, I will spring for the cost of 11 your Speedo -- (Laughter.) -- for you to wear at the Polar 12 Bear Plunge. 13 COMMISSIONER OEHLER: I guess that would be your 14 choice of style and size. 15 JUDGE TINLEY: Oh, no. No, it -- I think when we 16 say "Speedo," we know what we're talking about. 17 COMMISSIONER MOSER: It's a special order, though. 18 COMMISSIONER BALDWIN: Okay. Okay, y'all -- you're 19 getting off in -- your getting in the ditch here. Judge, I 20 appreciate your offer, but no thank you. I'll take care of 21 this. All of my little kids will starve to death, not get to 22 go to college in Texas, but I'll do my own. 23 JUDGE TINLEY: All right. 24 COMMISSIONER BALDWIN: Thank you so much. 25 JUDGE TINLEY: I want you to know, I stand ready, 12-10-12 120 1 willing, and able to defer the cost of those -- of those 2 Speedos. 3 COMMISSIONER MOSER: Is there a way to contribute 4 to this so a Speedo is not used? (Laughter.) 5 COMMISSIONER OEHLER: That'd be a motivation. 6 COMMISSIONER MOSER: I could -- 7 COMMISSIONER BALDWIN: Okay, the Speedo's back on. 8 JUDGE TINLEY: Yeah. We get two separate deals 9 going here. 10 COMMISSIONER OEHLER: I'm not sure that full body 11 armor wouldn't be needed. 12 COMMISSIONER MOSER: I think that sounds like a 13 good idea. 14 COMMISSIONER BALDWIN: You know, I remember -- I 15 remember Commissioner Oehler, every time this came up, he 16 always asked the question, "What would it cost me not to 17 slide?" 18 JUDGE TINLEY: Yeah. 19 COMMISSIONER BALDWIN: Here's your opportunity. 20 COMMISSIONER OEHLER: We're still working on that 21 number. 22 COMMISSIONER BALDWIN: You're not going to have to 23 slide; I'm going to do that for you. 24 COMMISSIONER OEHLER: So, if I -- if I give you 25 some money, that means I don't have to? 12-10-12 121 1 COMMISSIONER BALDWIN: That is correct. 2 JUDGE TINLEY: Yeah. 3 COMMISSIONER OEHLER: Where are those rules in the 4 packet that we got? 5 COMMISSIONER BALDWIN: They're not. They're not. 6 It's just that I'm -- you know, as a friend. 7 COMMISSIONER OEHLER: Oh, okay. 8 COMMISSIONER MOSER: One other question. Do you 9 accept cash? 10 COMMISSIONER BALDWIN: Jody does. 11 JUDGE TINLEY: Commissioner Baldwin has graciously 12 agreed to be the county mullet, as it were. 13 COMMISSIONER BALDWIN: Golly. 14 JUDGE TINLEY: And to do the slide on behalf of -- 15 COMMISSIONER BALDWIN: All the county. 16 JUDGE TINLEY: -- county government. 17 COMMISSIONER MOSER: That's wonderful. 18 JUDGE TINLEY: And so there has been an e-mail -- 19 all-county e-mail circulated to create a pot so that his 20 efforts will receive recognition of -- of his efforts. 21 COMMISSIONER OEHLER: And our participation. 22 JUDGE TINLEY: And our participation. 23 COMMISSIONER MOSER: And will exceed. 24 JUDGE TINLEY: Well, we hope it will exceed any 25 other participant. 12-10-12 122 1 COMMISSIONER MOSER: I thought that was an 2 objective. 3 JUDGE TINLEY: Yeah, sure is. Okay, let's go to 4 reports from other elected officials/department heads. Yes, 5 ma'am? 6 MS. HARGIS: I have a couple of things. I want to 7 apprize y'all that there are some departments that are going 8 over budget already, and we need to probably discuss that 9 next time, maybe when we don't have as many items on the 10 agenda. But the elections -- you might want to look at 11 Department 402, if you have an opportunity. We kind of need 12 to talk about what we're going to do about that particular 13 one. We also have a couple of other items that I want to 14 bring up, and so I just want to -- F.Y.I., there are just 15 some things that we may have cut a little short, and some 16 expenses that, you know, we've been holding off; they've been 17 hitting. So, usually, you know, I don't have to even think 18 about a budget adjustment for about six months, and we're 19 already getting them, so I want to bring a few of those back. 20 We need to talk about them. 21 The other thing, I attended a conference; it's a 22 Texas Society of C.P.A. conference, and I had to be a speaker 23 -- I mean an introducer. And one of the gentlemen who I've 24 never been able to see, because he was always in another 25 track, teaches Excel courses, and I would very much like for 12-10-12 123 1 y'all to consider us having a training. And he will do -- he 2 has to have 20 people, and in -- it's more of an advanced 3 type Excel program for those of us that use it all the time, 4 and would shortcut and improve our productivity by being able 5 to have these skills. It's $125 a person. We could do it at 6 the jail, so we wouldn't have a hotel or anything like that 7 involved. So, I'm -- I was real impressed with how quickly 8 we could get data out of the system, which is a real problem 9 right now. So, it's something to think about, and I'd like 10 for y'all to think about it, and bring it back. 11 JUDGE TINLEY: Okay, thank you. 12 MR. HENNEKE: Briefly, you will remember Hunter 13 Moose, the young man that worked for the last two summers, 14 he's also Jerilee's son. Hunter graduates from Texas A & M 15 this Friday. Congratulations to him on being a college 16 graduate. 17 COMMISSIONER BALDWIN: Fantastic. Congratulations. 18 Good little guy. 19 MR. HENNEKE: He is. He is. 20 JUDGE TINLEY: Okay. Anything else? Hearing 21 nothing further, we'll be adjourned. 22 (Commissioners Court adjourned at 11:55 a.m.) 23 - - - - - - - - - - 24 25 12-10-12 124 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 official reporter for the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 14th day of December, 8 2012. 9 10 JANNETT PIEPER, Kerr County Clerk 11 BY: _________________________________ Kathy Banik, Deputy County Clerk 12 Certified Shorthand Reporter 13 14 15 16 17 18 19 20 21 22 23 24 25 12-10-12