1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Regular Session 10 Wednesday, December 26, 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 26, 2012 2 PAGE 3 --- Commissioners' Comments 5 4 1.1 Public Hearing concerning revision of plat for Lot 1A in Camp Verde General Store, Volume 8, 5 Page 102, and Saint Christopher Properties, LLC, Tract Two, Volume 1292, Page 200, Precinct 2 10 6 1.2 Consider/discuss, take appropriate actions to 7 approve bonds of elected officials and other officials requiring bonds 11 8 1.3 Consider/discuss, take appropriate action 9 regarding surety bond for Tax Assessor-Collector and/or deputies as required by applicable pro- 10 visions of Texas Tax Code and State Comptroller 16 11 1.4 Consider/discuss, take appropriate action to approve elected official bond of Constable, 12 Precinct 2, Joel Ayala 18 13 1.5 Consider/discuss, take appropriate action to approve appointment of deputy sheriffs and 14 reserve deputy sheriffs effective Jan. 1, 2013 18 15 1.6 Consider/discuss, take appropriate action on application and certificate for payment to 16 Journeyman Construction for Show Barn at the Hill Country Youth Event Center 19 17 1.7 Consider/discuss, take appropriate action to 18 authorize funding the City of Kerrville for making fire line connection to main water line 22 19 1.8 Consider/discuss, take appropriate action to set 20 date for workshop to discuss Open Meetings Act, definition of court orders, courtroom decorum, 21 and Unit Road System as previously adopted 27 22 1.9 Consider/discuss, take appropriate action to approve new field agreement between U.S. Department 23 of Agriculture, Texas AgriLife Extension Service, Texas Wildlife Damage Management Association, and 24 Kerr County 33 25 3 1 I N D E X (Continued) December 26, 2012 2 PAGE 3 4.1 Pay Bills 38 4.2 Budget Amendments 39 4 4.3 Late Bills 42 4.4 Approve and Accept Monthly Reports 43 5 5.1 Reports from Commissioners/Liaison Committee 6 Assignments 44 5.2 Reports from Elected Officials/Department Heads 52 7 --- Adjourned 53 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1 On Wednesday, December 26, 2012, at 9:00 a.m., a 2 regular meeting of the Kerr County Commissioners Court was 3 held in 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: Okay, let me call to order this 8 regular meeting of the Kerr County Commissioners Court posted 9 and scheduled for this date and time, Wednesday, December 10 26th, 2012, at 9 a.m. It's not the regular date and time, 11 because normally it would be on the fourth Monday, but we had 12 two holidays, so we're now here on a Wednesday. Commissioner 13 Moser? 14 COMMISSIONER MOSER: All right. Let us be in 15 prayer. Please stand. 16 (Prayer and pledge of allegiance.) 17 JUDGE TINLEY: Thank you. Be seated, please. At 18 this time, if there's any member of the public or audience 19 that wishes to be heard on any matter which is not a listed 20 agenda item, this is your opportunity to come forward and 21 tell us what's on your mind. If you wish to be heard on an 22 agenda item, the preference is that you fill out a 23 participation form. There should be some located at the rear 24 of the room. If you have not done that, however, and we get 25 to an agenda item that you wish to be heard on, just get my 12-26-12 5 1 attention in some manner and I'll give you that opportunity 2 to be heard. But right now, if there's any member of the 3 public or audience that wishes to be heard on any matter 4 which is not a listed agenda item, come forward and tell us 5 what's on your mind. Seeing no one coming forward, we will 6 move on. Commissioner Moser, do you have anything for us 7 this morning? 8 COMMISSIONER MOSER: I do. I have several things. 9 First of all, to thank Bruce for all he did for the Christmas 10 party and for the crew. You know, you say "ladies" -- Bruce 11 said the ladies were doing a lot of stuff. That would be 12 sexist. I'm going to say the crew. It was a great event; I 13 think everybody enjoyed it. Thank you very much, everybody. 14 The other thing is, I'd like to -- we've had -- this was in 15 the Kerrville Daily Times, the fire that happened in Center 16 Point. But there were two other homes that burned in the 17 county, which I think a lot of the community came to -- to 18 help. And Helping Hands in Center Point came to the help of 19 this family, not only with food and clothing, but to tear 20 down the house. Which it was not -- and these people, Debra 21 and Larry Nichols, they -- they don't just wait for a major 22 event; they mow people's grass, the two of them, all year 23 long, so I think that -- I think that's in the spirit of the 24 community. 25 Another item that I have is the Center Point 12-26-12 6 1 wastewater. Jonathan Letz and Rob Henneke and myself met 2 with some community leaders in Center Point the other day 3 regarding the Center Point wastewater facility. They're off 4 and running on that thing. There are 50 people we need right 5 of entries for, we'd like to have. They've identified 30 6 that they'll contact, so I think we're moving well on that. 7 So, the community is -- is excited about it. The Hill 8 Country -- I mentioned the other day, the Hill Country Youth 9 Event Center, the event center itself, I mentioned it would 10 be good to have a marketing -- see what the market is, what 11 the competition is. And to that end, okay, for our benefit 12 and for the the benefit of perhaps some -- some people that 13 would contribute to that, I asked K.E.D.C. if they could lead 14 an activity to do that. They said yes, they could. They 15 would be here today, but they couldn't on the 26th, so 16 they'll be here at our January 14th meeting and say here's -- 17 here's a plan of what we could do, and I'll plan on 18 presenting that. And then, getting a lot of calls about the 19 library, as we all are. I hope we can do something as a body 20 before the fees go into effect. Maybe so, maybe not, but it 21 would be a good thing. And that's all I have. 22 JUDGE TINLEY: Thank you. Commissioner Letz? 23 COMMISSIONER LETZ: Just a great holiday, nice long 24 weekend. Most of my family was on the mend from flu and 25 colds and a bunch of other stuff that we had. I think what 12-26-12 7 1 summed it up best is when someone -- I think one of my 2 brother-in-laws asked Sam what he got for Christmas. He said 3 the flu. (Laughter.) He actually was over the flu almost by 4 the time Christmas came; he certainly didn't act like he felt 5 bad yesterday; had a good time. 6 The grant that we submitted on the regional water 7 planning was received in Austin. I received an e-mail to 8 that effect, and they have, I think, two items that they said 9 we were deficient in our application. We have until January 10 17th to get it back. One of them's pretty simple; they need 11 copies of our certified return receipts, and which was kind 12 of a weird thing. Anyway, we're going to do that. But I 13 forgot the other one was pretty minor, but anyway, that is in 14 the queue in Austin, so we're working on that. And that's 15 pretty much it. 16 JUDGE TINLEY: Okay. Commissioner Oehler? 17 COMMISSIONER OEHLER: I don't have anything this 18 morning. 19 JUDGE TINLEY: Okay. Commissioner Baldwin? 20 COMMISSIONER BALDWIN: I thought you were going to 21 maybe say something about Casper. 22 COMMISSIONER OEHLER: Well, I should. 23 COMMISSIONER BALDWIN: Yeah. 24 COMMISSIONER OEHLER: Casper Real, son of Felix and 25 Lilly Real, was killed in a truck accident Monday afternoon 12-26-12 8 1 in Utopia, and services for him will be -- visitation is 5:00 2 to 7:00 this evening, and service tomorrow at high noon at 3 the Episcopal Church. Longtime friend. Old family. 4 Kerrville family, Kerr County. Quite a shame, 67 years old. 5 COMMISSIONER BALDWIN: Just a spring chicken. 6 COMMISSIONER OEHLER: Yeah. 7 COMMISSIONER BALDWIN: And along with that, we lost 8 L.B. Hough, Jr., another long-term Kerr County, Kerrville 9 boy; family had a business here for as long as I can 10 remember. I've known L.B. as long as I can remember, but he 11 has gone home now. And I had talked to him about a week ago, 12 and he said, "I'm ready to go." And, boy, out he went. Neat 13 guy. But I understand there's a -- what do they call it, a 14 red alert? The wind. 15 COMMISSIONER MOSER: Mm-hmm. 16 COMMISSIONER BALDWIN: So, people, please be 17 careful if you're going to burn anything out there. There's 18 a retired border patrol agent here in Kerrville that I didn't 19 know that passed away, so tomorrow the town's going to be 20 full of border patrol agents. And one in particular, leave 21 him alone, Rusty. He's my little boy. 22 SHERIFF HIERHOLZER: That's the one we're looking 23 for. (Laughter.) 24 COMMISSIONER BALDWIN: Well, he'll be here in the 25 morning. But they do -- they do a tremendous thing for their 12-26-12 9 1 fallen brothers, I tell you. They stay with the body for two 2 days, and I mean around the clock, and it's really an 3 honorable thing, how they do all that. 4 SHERIFF HIERHOLZER: Do you know where the service 5 is going to be, Buster? Methodist? 6 COMMISSIONER BALDWIN: No, the funeral home -- 7 Kerrville Funeral Home. You'll see them in the morning 8 somewhere. But, anyway, that's all. That's all. I'm 9 excited about being a member of this body. 10 JUDGE TINLEY: Commissioner, let me amend your 11 comment about there red alert. Rather than being careful 12 with burning, just don't burn. 13 COMMISSIONER BALDWIN: Don't burn, absolutely. 14 That's right. 15 JUDGE TINLEY: That's the solution. I saw on the 16 news yesterday where they're not sure how it started, but 17 they had some areas down in the eastern part of Bexar County 18 that caught on fire, and it took them a while, but they got 19 things under control. But it could have been serious, with 20 the wind doing what it was doing. 21 COMMISSIONER BALDWIN: Oh, man. 22 JUDGE TINLEY: As dry as it was and so forth. So, 23 hope everybody enjoyed a good Christmas and a safe Christmas. 24 Look forward to finishing out this year and going into a new 25 year, and bigger and better. So, we'll do what we can to 12-26-12 10 1 accommodate county government and to make it that way. Let's 2 move on with our agenda. At this time, I will recess the 3 Commissioners Court meeting and I'll convene a public hearing 4 concerning the revision of plat for Lot 1A in Camp Verde 5 General Store, as set forth in Volume 8, Page 102, and Saint 6 Christopher Properties, L.L.C., Tract 2, as set forth in 7 Volume 1292, Page 200, same being located in Precinct 2. 8 (The regular Commissioners Court meeting was closed at 9:13 a.m., and a public hearing was held in open 9 court, as follows:) 10 P U B L I C H E A R I N G 11 JUDGE TINLEY: Is there any member of the public or 12 audience that wishes to be heard concerning the revision of 13 plat for Lot 1A in Camp Verde General Store as set forth in 14 Volume 8, Page 102, and Saint Christopher Properties, L.L.C., 15 Tract 2, as set forth in Volume 1292, Page 200, same being 16 located in Precinct 2? Seeing no one coming forward or 17 otherwise seeking recognition to be heard, I will close the 18 public hearing concerning the revision of plat for Lot 1A in 19 Camp Verde General Store, as set forth in Volume 8, Page 102, 20 and Saint Christopher Properties, L.L.C., Tract 2, as set 21 forth in Volume 1292, Page 200, and I will reconvene the 22 Commissioners Court meeting. 23 (The public hearing was concluded at 9:14 a.m., and the regular Commissioners Court meeting was 24 reopened.) 25 - - - - - - - - - - 12-26-12 11 1 JUDGE TINLEY: And we will go to Item 2; to 2 consider, discuss, and take appropriate action to approve 3 bonds of elected officials and other officials requiring 4 bonds. Ms. Pieper? As a prefacing remark, we've got a 5 number of items here with regard to various bonds, and we 6 want to get as many included in this particular agenda item 7 as we can so that we don't have a whole bunch of court orders 8 scattered all over the place with respect to individual 9 bonds. So, the plan is to include as many as we can in Item 10 2, and then whatever's not included, we'll -- we'll touch on 11 those in subsequent agenda items as they are appropriate. 12 Okay. 13 MS. PIEPER: That is correct, Judge. 14 JUDGE TINLEY: Is that correct, Ms. Pieper? 15 MS. PIEPER: Yes, that's correct. You have all the 16 bonds in front of you, and if you would, just for the record, 17 just call their names off. 18 JUDGE TINLEY: I will. The first bond I have is 19 the bond of Diane Bolin. It is in the penal sum of $100,000, 20 payable to the Governor. The second bond that I have is also 21 from Diane Bolin, Tax Assessor/Collector, in the sum of 22 $100,000. It runs to the benefit of Commissioners Court. 23 That's a separate bond that is required. Next bond that I 24 have is from Sheriff William Russell Hierholzer in the sum of 25 $10,000, and it runs unto the Governor. That's the official 12-26-12 12 1 bond that we set the amount on at one of our previous 2 meetings, as I recall. The next bond that I have is from 3 Michael R. Earney, II, $2,000. The bond runs to the benefit 4 -- it just states County. That should maybe be County of 5 Kerr? 6 SHERIFF HIERHOLZER: Well, it probably -- that 7 could be a technical deal on County of Kerr, but I think the 8 way it reads is to the County, is the way. 9 JUDGE TINLEY: Okay. 10 MS. PIEPER: I can look that up. 11 SHERIFF HIERHOLZER: There should be -- that and 12 probably your next one are reserve officers, and they're 13 required to have a $2,000 bond. 14 JUDGE TINLEY: Yeah. Probably have to get that one 15 endorsed or amended so that we're -- I'm sure, generically, 16 the obligee of the bond is -- it states the County. 17 SHERIFF HIERHOLZER: States to the County, and 18 that's probably how they wrote it. 19 JUDGE TINLEY: The next one that I have is a bond 20 of Danny Monk in the penal sum of $2,000, running to the 21 benefit of the County. 22 COMMISSIONER BALDWIN: Judge, if I could, who is 23 that? 24 SHERIFF HIERHOLZER: Danny -- Michael Earney is the 25 first one. Danny Monk was one of our full-time officers for 12-26-12 13 1 a year that became a reserve several years ago. He helps out 2 on patrol on short days. 3 COMMISSIONER BALDWIN: Yeah, I remember him. 4 SHERIFF HIERHOLZER: That's -- I think both those, 5 I think the code says that to occur, because they are Kerr 6 County reserves. If they leave Kerr County reserves, the 7 bond's no good any more. They would have to get it somewhere 8 else. 9 COMMISSIONER BALDWIN: So, they're becoming reserve 10 deputies. 11 SHERIFF HIERHOLZER: They have been reserve 12 deputies for a number of years now, and that's the only two 13 reserves that we have. 14 MS. PIEPER: According to this book, it says the 15 reserve deputies -- a reserve deputy must, at the time of 16 appointment, execute and file a bond in the amount of $2,000 17 payable to the Sheriff, so we will have to get that amended. 18 JUDGE TINLEY: Yeah. 19 MS. PIEPER: And it's filed with the County Clerk. 20 COMMISSIONER BALDWIN: The Sheriff, that being 21 Russell? 22 SHERIFF HIERHOLZER: William Russell. 23 COMMISSIONER BALDWIN: Oh, boy. (Laughter.) 24 JUDGE TINLEY: The next bond I have is Constable, 25 Precinct 2, Joel Ayala, Jr., in the penal sum of $1,500, to 12-26-12 14 1 the benefit of the Governor. Next bond is Constable, 2 Precinct 1, John Lavender -- John M. Lavender, in the penal 3 sum of $1,500 running to the benefit of the Governor and the 4 Governor's successors in office. Next bond I have is James 5 B. Lang, Deputy Constable, Precinct 1, penal sum of $1,500, 6 running to the benefit of Kerr County Constable. That should 7 probably be Constable, Precinct 1, I would imagine, being his 8 sponsoring office. Next one I have is Deputy Constable 9 precinct 1 Reagan William Givens, penal sum of $1,500, unto 10 the benefit of the Kerr County Constable. Here again, that 11 should probably specify Precinct 1. Next bond I have is 12 Deputy Constable Raymond R. Garcia, Jr., $1,500. This shows 13 to be -- run to the benefit of Kerr County. Should that 14 be -- 15 MS. PIEPER: I'm sorry, whose? 16 JUDGE TINLEY: Constable, Precinct 1, Kerr County, 17 I think. 18 MS. PIEPER: Who was that? 19 SHERIFF HIERHOLZER: He's still a deputy constable. 20 JUDGE TINLEY: Yeah. Ray Garcia; he's a deputy 21 constable in Precinct 1. 22 COMMISSIONER BALDWIN: Correct. 23 JUDGE TINLEY: Probably need to endorse or amend 24 that. And the next one, Constable, Precinct 4, Gene 25 Huffaker, the penal sum of $1,500, running to the benefit of 12-26-12 15 1 the Governor and the Governor's successors in office. Next 2 one is from Constable, Precinct 3, Angel Garza, penal sum of 3 $1,500, to the benefit of the Governor of Texas and his 4 successors in office. Now, you've got attached here, 5 apparently, the declaration page of the crime policy. 6 MS. PIEPER: On the County Clerk and District 7 Clerk? 8 JUDGE TINLEY: On District Clerk and -- 9 MS. PIEPER: And then there's one for the County 10 Clerk's office. 11 JUDGE TINLEY: -- and County Clerk's office. But 12 those are insurance policies and are not bonds, technically. 13 MS. PIEPER: Yeah. I don't know if they need to be 14 approved by y'all or not, so I put them in there. 15 JUDGE TINLEY: Let me, just for the record, recite 16 what I have. And the first is a -- it's a declaration page 17 for crime coverage for the Kerr County District Clerk's 18 Office. Essentially, single loss coverage is maxed out at 19 $20,000. I also have a declaration page for a crime policy 20 for the Kerr County Clerk's office. Again, maximum per claim 21 coverage, $20,000. With respect to the bonds that have been 22 noted in the record this morning, upon the same being 23 properly endorsed or amended as required to conform to 24 requirements of statute, do I hear a motion that the bonds be 25 approved as presented, and with -- with those appropriate 12-26-12 16 1 amendments and/or endorsements? 2 COMMISSIONER BALDWIN: So moved. 3 COMMISSIONER MOSER: Second. 4 JUDGE TINLEY: We have a motion and a second as 5 indicated. Further question or discussion on the motion? 6 All in favor of the motion, signify by raising your right 7 hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: The motion does carry. Let's go to 12 Item 3; to consider, discuss, take appropriate action 13 regarding surety bond for County Tax Assessor/Collector 14 and/or deputies as required by applicable provisions of the 15 Texas Tax Code and the State Comptroller. I had previously 16 placed this on the agenda in response to a letter from the 17 Comptroller. The Tax Assessor -- one of the bonds that we 18 just approved in the previous agenda item was the bond of the 19 Tax Assessor, as required by the Comptroller's requirements 20 and the Texas Tax Code. The issue under Item 2 would then be 21 discretionary, whether or not the Tax Assessor wants to, in 22 fact, require -- or put into effect bonding for the deputies. 23 That's not required, but, Ms. Bolin, what -- what's your call 24 on that? 25 MS. BOLIN: Well, I know that we used to have them 12-26-12 17 1 bonded to us, as Tax Assessor, and when Ms. Hargis came in, 2 she lumped everybody together and we're covered under a TAC 3 bond, is my understanding, that employees are. 4 JUDGE TINLEY: Okay. 5 MS. BOLIN: So it's whichever way y'all want to go. 6 I don't have a problem bonding them to me, but they're 7 covered at a lesser rate with TAC, is my understanding. 8 MS. HARGIS: It's the blanket bond we have. 9 JUDGE TINLEY: Pardon? 10 MS. HARGIS: The blanket bond. 11 JUDGE TINLEY: Blanket bond? Okay. So, 12 essentially, we have coverage of those deputies? 13 MS. HARGIS: Yes. 14 JUDGE TINLEY: Okay. 15 SHERIFF HIERHOLZER: I think the same thing goes 16 with my deputies and that. They're all covered under mine in 17 the blanket bond. 18 JUDGE TINLEY: Okay. 19 SHERIFF HIERHOLZER: It's an option, and I don't do 20 it. 21 JUDGE TINLEY: Okay. So, having that coverage in 22 effect, I assume your preference is to not bond them 23 additionally? 24 MS. BOLIN: Correct. 25 JUDGE TINLEY: Inasmuch as as it's not a mandatory 12-26-12 18 1 requirement by the statute? 2 MS. BOLIN: Correct. 3 JUDGE TINLEY: Okay, good enough. Let's move on to 4 Item 4, dealing with the bond of Precinct 2 Constable Joel 5 Ayala. That was approved under a previous agenda item. Item 6 5; consider, discuss, take appropriate action to approve the 7 appointment of deputy sheriffs and reserve deputy sheriffs 8 effective January 1, 2013. Sheriff? 9 SHERIFF HIERHOLZER: What this is, is each new 10 term, I have to have those approved by law. You're not 11 approving the person, or anything other than the position. 12 It's just that the statute requires a list of those to be 13 posted in the County Clerk's office. So, if you look on 14 there, there's actually more deputies than what I have as 15 regular deputy sheriffs. I have a couple in the jail that 16 are certified officers that we do carry their commission, 17 'cause we do use them in the courtroom, but they're paid 18 under the jailer line items and things like that, so the 19 salary doesn't affect it. And then my two reserves are also 20 in there. Other than that, that is the current list of 21 officers and their salaries as put out by statute. 22 COMMISSIONER MOSER: Is that the normal numbers of 23 reserves, is two? 24 SHERIFF HIERHOLZER: I think this Court, if I 25 recall right, has given me authority up to -- it's either 12-26-12 19 1 three or four, okay, is what we have. It's not a -- it's not 2 a large issue. I'm very picky on who we use as reserves, 3 'cause they can get out and patrol when we're short-handed, 4 or help us with other things. And so if I need more, I've 5 always just come back to the Court and got authorization. 6 It's not a salaried position; they're volunteers. The only 7 thing it does change is our worker's comp at times we have to 8 add them. But right now, that's what we've been running, two 9 to four for the last number of years. 10 COMMISSIONER LETZ: Move approval of the agenda 11 item. 12 COMMISSIONER BALDWIN: I'll second that. 13 JUDGE TINLEY: Motion made and seconded for 14 approval of the agenda item. Question or discussion? All in 15 favor, signify by raising your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: That motion does carry. Let's go to 20 Item 6; to consider, discuss, take appropriate action on 21 application and certificate for payment to Journeyman 22 Construction for the Show Barn at the Hill Country Youth 23 Event Center. Commissioner Oehler? 24 COMMISSIONER OEHLER: Well, I believe we got the 25 withdrawal of lien from the electrician, so I believe we're 12-26-12 20 1 good to go to authorize payment. I so move. 2 COMMISSIONER BALDWIN: Second. 3 JUDGE TINLEY: Motion made and seconded for 4 approval of the agenda item, to authorize payment in 5 accordance with the architect's certificate of payment. 6 Further question or discussion? 7 COMMISSIONER LETZ: That amount is 432,000 or 8 something? Just for the record. 9 COMMISSIONER OEHLER: The Judge has got it. 10 JUDGE TINLEY: $432,347.33. 11 COMMISSIONER MOSER: One other question. Is there 12 anything we need to do to preclude an issue like this? 13 COMMISSIONER OEHLER: I'm not sure. 14 COMMISSIONER LETZ: In general, I think it's just a 15 lot of contractors, especially with the economic times, as 16 soon as they do the work, they file a lien to make sure 17 they're protected. 18 COMMISSIONER MOSER: Right. 19 COMMISSIONER LETZ: And some do and some don't. 20 And I think there's really nothing -- you got to do what we 21 did pretty much, is work through it to get it released. 22 COMMISSIONER MOSER: Or get the general contractor 23 to have a release of lien. 24 JUDGE TINLEY: Well, some -- frequently, that's 25 another solution. Some of these subs and suppliers play it 12-26-12 21 1 really, really close and tight, because there's some very 2 specific time requirements in order to assert your rights and 3 have them be effective. But frequently, a general contractor 4 will secure what they call lien waivers from the -- 5 COMMISSIONER MOSER: Right. 6 JUDGE TINLEY: -- from the subcontractors and 7 suppliers, and essentially, that takes place concurrently 8 with them being paid. 9 COMMISSIONER MOSER: So, lien waivers would 10 preclude this from being an issue, had -- if he had those. 11 JUDGE TINLEY: Well, generally, like I say, a lien 12 waiver, you generally get that in exchange for payment. 13 COMMISSIONER MOSER: Right. 14 JUDGE TINLEY: I'm not sure it will preclude this 15 or not. It will make it go away if it does exist, if there's 16 a lien filed and they then waive their rights under the lien. 17 COMMISSIONER OEHLER: One of the things that 18 happened was that there was -- that contractor had been paid, 19 but there was -- there was a gap in between the next payment 20 because of our meeting dates. They got it in too late to get 21 it paid earlier, and that's probably what sparked the lien. 22 COMMISSIONER MOSER: I see. 23 COMMISSIONER OEHLER: And -- but they've been paid. 24 COMMISSIONER MOSER: Yeah. 25 COMMISSIONER OEHLER: It's just a matter, I guess 12-26-12 22 1 they were trying to protect themselves, but what they did was 2 they delayed payment for everybody for another week. 3 COMMISSIONER MOSER: Right. That's the reason I 4 asked the question, is there any way we can -- 'cause that 5 impacted a lot of people. 6 COMMISSIONER OEHLER: I know. We don't have any 7 control over that, in my mind. 8 JUDGE TINLEY: No. That's -- somebody else is 9 driving the bus on that one. 10 COMMISSIONER OEHLER: We're not driving that 11 general contractor bus. 12 JUDGE TINLEY: Mm-hmm. 13 THE CLERK: I have a motion and a second. 14 JUDGE TINLEY: Any other question or discussion? 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: Motion carries. Let's go to Item 7; 21 to consider, discuss, take appropriate action to authorize 22 funding the City of Kerrville for making the fire line 23 connection to the City of Kerrville's main water line. 24 Commissioner Oehler? 25 COMMISSIONER OEHLER: Well, all we really need to 12-26-12 23 1 do, I think, is authorize a change, because we don't have any 2 control over what the City of Kerrville's going to charge us. 3 We really just need to get the credit from the -- from the 4 plumber, because he's not doing that part of it. And that's 5 just -- that's something we found out later. We didn't know 6 Kerrville was going to require that they do their own tie-in, 7 and it's much more expensive than it would have been had we 8 had the plumber to do it. 9 COMMISSIONER MOSER: And the plumber itemized what 10 that cost was? 11 COMMISSIONER OEHLER: It's on here. 12 COMMISSIONER MOSER: Okay. 13 COMMISSIONER OEHLER: So I'm trying to figure 14 out -- the hardest thing to figure out is the amount that we 15 need to authorize. I think -- I think the total is up here. 16 Not on the deal that they got from the plumber, but the 17 $1,842.11, I believe, is the change. Is that the way you 18 read it, Judge? The plumber had requested it be 1,561, but 19 that would be his part, not counting Journeyman's -- 20 JUDGE TINLEY: Yeah. There's -- 21 COMMISSIONER OEHLER: -- credit that they have for 22 their profit and loss. 23 JUDGE TINLEY: Yeah. 24 COMMISSIONER OEHLER: Or the profit and -- 25 JUDGE TINLEY: Their admin add-ons. 12-26-12 24 1 COMMISSIONER OEHLER: Right. I believe the 2 amount's $1,842.11 that we need to authorize on change order. 3 JUDGE TINLEY: For payment direct to the City of 4 Kerrville? 5 COMMISSIONER OEHLER: I'm not real sure on that. 6 The City of Kerrville says they're going to charge $3,858. 7 We're going to get a credit of 1,842 against -- we're going 8 to pay the additional above and beyond that to the City for 9 the tie-in. And that's going to be negotiated too, 10 because -- and that really doesn't have anything to do with 11 this change, other than just getting the credit part of it. 12 COMMISSIONER BALDWIN: Bruce, I'm not seeing your 13 figures. 14 COMMISSIONER OEHLER: They're on here in the -- 15 COMMISSIONER MOSER: On the backup. 16 COMMISSIONER OEHLER: They're on the computer. 17 COMMISSIONER BALDWIN: I'm assuming that I've got 18 the same backup. 19 COMMISSIONER LETZ: On the -- I think that page 20 you're looking at, Commissioner. Is that the one that's 21 got -- 22 COMMISSIONER BALDWIN: I see the 861. 23 COMMISSIONER OEHLER: Well, but you got to go up -- 24 there's another one before that. 25 COMMISSIONER MOSER: In the detail. 12-26-12 25 1 COMMISSIONER OEHLER: The detail of the -- every 2 change on every line that relates to that. 3 COMMISSIONER MOSER: There it is right there. 4 Should be. 5 COMMISSIONER OEHLER: Go down to where it says the 6 total change order amount. It's down close to the bottom of 7 that page, or at the bottom. 8 COMMISSIONER BALDWIN: Oh, yeah. Mm-hmm. 9 JUDGE TINLEY: Commissioner, are you asking today 10 that we approve a change order to increase the contract? 11 COMMISSIONER OEHLER: No, I'm requesting a change 12 that we -- we take -- the change will be to the plus side for 13 us. 14 JUDGE TINLEY: Okay. 15 COMMISSIONER OEHLER: That will be credited to the 16 County, and then we'll deal with the City. We don't have 17 anything we can -- we don't have any any control over that 18 one. But we'll be getting a credit. This change order gives 19 us a credit. 20 JUDGE TINLEY: Okay. 21 COMMISSIONER OEHLER: That we do not pay the 22 general, because they're not doing the service. 23 JUDGE TINLEY: Okay. The agenda item deals with 24 paying directly to the City of Kerrville, however, for their 25 connection. 12-26-12 26 1 COMMISSIONER OEHLER: That's what I thought it was 2 supposed to be till I got all of this mess. 3 JUDGE TINLEY: I see. Do we know what we're 4 obligated -- what our obligation is to the City of Kerrville? 5 COMMISSIONER OEHLER: I don't think we know that 6 yet. We may ought to pass it. 7 JUDGE TINLEY: That's where I was going. 8 COMMISSIONER OEHLER: I mean, it's -- I tried to 9 get this unconfused during the time between the last meeting 10 and this one, and it's still not -- not clear in my mind. 11 COMMISSIONER LETZ: It seems the simplest way is to 12 wait, authorize the City to do the work, and then have one 13 change order of the credit from the -- from Journeyman, and 14 then the additional amount for the City. 15 COMMISSIONER OEHLER: Yeah. We can do that next 16 meeting. 17 COMMISSIONER LETZ: Or if the City -- 18 COMMISSIONER OEHLER: Yeah, the City -- they may 19 have already done it. In fact, they did. 20 JUDGE TINLEY: Hopefully they'll invoice us and 21 tell us what that amount is. 22 COMMISSIONER OEHLER: I would imagine they will. I 23 don't think they're going to let us off the hook. 24 JUDGE TINLEY: Okay. Well, we can always ask that 25 they do it for nothing, but I doubt that's going to happen. 12-26-12 27 1 JUDGE TINLEY: Okay. All right. 2 COMMISSIONER OEHLER: I mean, this is -- you're 3 looking at the same thing I am. 4 JUDGE TINLEY: I understand. I understand. 5 COMMISSIONER OEHLER: I had -- you know, I 6 contacted Gary and Peter and said, you know, "Straighten this 7 out so we can get it on the agenda." This is what I got. 8 JUDGE TINLEY: We thought we'd be ready to go. 9 COMMISSIONER OEHLER: We did. 10 JUDGE TINLEY: And as it turned out -- okay. Let's 11 go to Item 8; to consider, discuss, take appropriate action 12 to set date for workshop to discuss Open Meetings Act, 13 definition of court orders, courtroom decorum, and Unit Road 14 System as previously adopted by Kerr County. Commissioner 15 Baldwin? 16 COMMISSIONER BALDWIN: Yes, sir. I just -- I'm 17 just thinking in my mind that it's time for us to have a 18 refresher course on some of these issues and items. And I 19 don't know that this is all of it or not. I have no idea. 20 But to give you an example, like the Unit Road System. How 21 many of us know how that thing was adopted and how it works? 22 I guarantee you, the general public does not know. They 23 think that -- they still think that the Commissioners Court 24 is totally in charge of everything Road and Bridge does. Not 25 the case. By law, not the case. And those kinds of things. 12-26-12 28 1 You know, if we could just have a workshop and talk about 2 things like that, and Open Records and Open Meetings and all 3 of those things. So, it's just to refresh us. And you're 4 probably going to go to school early in the year to -- 5 COMMISSIONER MOSER: Already been to one. 6 COMMISSIONER BALDWIN: You'll see these things in 7 detail, and that's how they work that. But it's been a long 8 time since we have even had a discussion about it, and I just 9 think it would be kind of neat to. 10 JUDGE TINLEY: Commissioner, you say you already 11 attended one. When was that? 12 COMMISSIONER MOSER: That was last week. It was 13 sponsored by Texas Association of Counties in San Antonio. 14 JUDGE TINLEY: Okay. That was -- 15 COMMISSIONER MOSER: For newly elected officials. 16 JUDGE TINLEY: Okay. That was the one where they 17 scare you to death? 18 COMMISSIONER MOSER: No, they didn't scare me. 19 Informative. Informative, but a lot of which, you know, was 20 already understood, but it was just more in-depth. But it 21 was good, and there's another one January 8th, which is about 22 three days in Austin. 23 COMMISSIONER BALDWIN: Right, that's the one. 24 JUDGE TINLEY: That's the -- 25 COMMISSIONER MOSER: L.B.J. school. 12-26-12 29 1 JUDGE TINLEY: Right, okay. Well, I say "scare you 2 to death." They want you to be aware -- 3 COMMISSIONER MOSER: Right. It was very 4 informative. 5 COMMISSIONER OEHLER: There's a liability. 6 COMMISSIONER MOSER: Oh, you bet. 7 COMMISSIONER BALDWIN: The school in Austin coming 8 up is an excellent school. 9 COMMISSIONER MOSER: Yeah. 10 COMMISSIONER BALDWIN: They put on the dog. 11 COMMISSIONER LETZ: Commissioner, I think this is a 12 great idea. The only question I have is, who should refresh 13 us? 14 COMMISSIONER BALDWIN: Well, that's -- you know, I 15 can't -- I was hoping the County Attorney would be here. I 16 didn't know he would be gone. But we have two options. I 17 would prefer -- I would prefer the County Attorney, so it 18 will be a little family affair in here; we can sit down and 19 visit. Or TAC does that. 20 COMMISSIONER MOSER: Mm-hmm. 21 COMMISSIONER BALDWIN: You can get a TAC member to 22 come down here and make these presentations. As a matter of 23 fact, the last time we had any of these discussions, it was 24 done by TAC. But that's that's up to y'all. I prefer the 25 County Attorney. 12-26-12 30 1 COMMISSIONER MOSER: Or both. 2 JUDGE TINLEY: Well, yeah. We may -- it may be -- 3 may be both, 'cause some of those things are more 4 particularly focused on Kerr County, and others are more 5 statewide things. Do you want to check with TAC and see what 6 the availability of their people is to -- when we might be 7 able to get them in for their portion of -- of a workshop, 8 whatever may be their portion? And then the other portions 9 to be covered by the County Attorney, and try and put 10 together a schedule on this and bring it to us? 11 COMMISSIONER BALDWIN: Jody would love to do that. 12 JUDGE TINLEY: I see. 13 COMMISSIONER BALDWIN: And then on what day, you 14 know, I know that, like, we have Commissioners Court -- I'd 15 like to have it in the afternoon, but I know that your 16 juvenile thing, it does -- how would that work? I'd like to 17 do it while we're all here, so you don't -- people don't have 18 to make a -- I mean, Letz has got to travel days to get here. 19 JUDGE TINLEY: Yeah. 20 COMMISSIONER BALDWIN: From Comfort. 21 JUDGE TINLEY: That mule of his. He needs to get 22 him a new mule. 23 COMMISSIONER OEHLER: He already got one. 24 COMMISSIONER MOSER: He got it for Christmas. 25 JUDGE TINLEY: He got a new mule for Christmas. 12-26-12 31 1 COMMISSIONER OEHLER: No, he's had a new mule for a 2 while. 3 JUDGE TINLEY: Oh. Well, good. 4 COMMISSIONER LETZ: Got one last spring. 5 COMMISSIONER BALDWIN: It still takes him days to 6 get here, believe me. But -- 7 COMMISSIONER LETZ: One thing we should add to this 8 is Open Records. 9 JUDGE TINLEY: Yeah. Oh, yeah. 10 COMMISSIONER LETZ: Which is probably one of the 11 more cumbersome of all of -- 12 SHERIFF HIERHOLZER: There's actually a very good 13 video that Texas Association of Counties put out that's 14 required for all elected officials to view on Open Records. 15 It's not very long, but it is very informative. 16 JUDGE TINLEY: Yeah, you've got a mandatory 17 requirement, Open Meetings and Open Records -- 18 SHERIFF HIERHOLZER: Right. 19 JUDGE TINLEY: -- for elected officials. And you 20 don't mind going to the movies, do you? 21 COMMISSIONER BALDWIN: Going to the movies? 22 JUDGE TINLEY: Yeah. 23 COMMISSIONER BALDWIN: No, I don't mind at all. 24 JUDGE TINLEY: Okay. 25 COMMISSIONER BALDWIN: I saw Lincoln, and I saw you 12-26-12 32 1 at Lincoln. 2 MS. HARGIS: I didn't see you. 3 COMMISSIONER BALDWIN: Yeah, that's the way it is. 4 SHERIFF HIERHOLZER: At one time, the County 5 Attorney's office had a copy of the video. I don't know if 6 they still do, but they need -- to you have to ask Rob on 7 that Open Records. 8 COMMISSIONER BALDWIN: But let's all be thinking if 9 there's other things that you'd like to add to this list. 10 You know, I just -- I threw in the court decorum thing in 11 there just for funsies. That's not a big deal. I -- if 12 somebody comes in with their hat on, we need to slap them 13 around a little bit and make them take their hat off. 14 Gentlemen, not ladies. 15 COMMISSIONER MOSER: I was going to say, touchy -- 16 a touchy subject. 17 COMMISSIONER BALDWIN: I could see the alarm in 18 y'all's faces, that I just ran off into the weeds there. 19 JUDGE TINLEY: We've actually got a policy that 20 we've adopted relative to court decorum in connection with 21 Commissioners Court meetings. 22 COMMISSIONER BALDWIN: That's correct. And it's 23 time for a refresher. 24 JUDGE TINLEY: Yeah. 25 COMMISSIONER BALDWIN: Just bring us all back to -- 12-26-12 33 1 back to square one so we can run a little bit tighter ship 2 here, I think. So, we'll do that. 3 JUDGE TINLEY: Okay. 4 COMMISSIONER BALDWIN: We'll bring it back next 5 time. Thank you very much. 6 JUDGE TINLEY: Okay. Let's go to Item 9; to 7 consider, discuss, take appropriate action to approve new 8 field agreement between U.S. Department of Agriculture, Texas 9 AgriLife Extension Service, Texas Wildlife Damage Management 10 Association, and Kerr County. I put this on the agenda when 11 we received a copy of a new contract which, by the way, does 12 reflect a fee increase. We go to $2,700 per month, total of 13 $32,400 per year, the contract period talking about January 14 1, 2013. It would be so nice if those people were to inform 15 us of what they're going to charge -- 16 COMMISSIONER BALDWIN: Budget. 17 JUDGE TINLEY: -- on more than three days notice so 18 that we can plan for our budget. 19 COMMISSIONER LETZ: Judge, I believe they -- this 20 is budgeted, this increased amount. 21 JUDGE TINLEY: Did we just guess right, or did we 22 know something? 23 COMMISSIONER LETZ: They sent us a letter. 24 JUDGE TINLEY: Oh, they did? 25 COMMISSIONER OEHLER: I think so. 12-26-12 34 1 JUDGE TINLEY: Well, good for them. I'm happier 2 about that now. 3 COMMISSIONER BALDWIN: No, go ahead and slam them a 4 little bit. I enjoyed that. 5 JUDGE TINLEY: Yeah. Well, I mean, you know, this 6 comes from the feds, so the ability to argue with it, you got 7 two chances, slim and none. So -- 8 COMMISSIONER BALDWIN: What do we get for 32,000? 9 JUDGE TINLEY: Jon gets trapping services out of 10 his -- 11 COMMISSIONER BALDWIN: I see. Trapper. 12 JUDGE TINLEY: Yeah. This side of Comfort, not 13 into Kendall County. 14 COMMISSIONER BALDWIN: Yeah. 15 COMMISSIONER LETZ: We get basic trapper services. 16 We have -- two? I think two trappers in the county. 17 COMMISSIONER OEHLER: They don't trap on my place. 18 COMMISSIONER LETZ: But they're -- they don't trap 19 on mine either. But it's a trapper -- actually, during the 20 discussion, I visited with them -- Mr. Sandoval about 21 charging, because some counties do have a partial charge. 22 And the -- which they will do whatever the County wants to do 23 on how it's funded, but their concern was that if you start 24 charging, if tax dollars are going into the contract of any 25 amount, and then we start charging in addition to that for 12-26-12 35 1 individuals, then is that right? To have -- you know, say 2 they want to go out to Bruce's place, and Bruce doesn't want 3 to pay them. Well, he's paying taxes; tax dollars are going 4 in to fund the contract. He says sometimes they've gotten 5 real crosswise by charging something. So either charge, you 6 know, 100 percent of it, to me, or you charge nothing, is 7 their recommendation. And they said not many charge 100 8 percent. There aren't many. But this is a basic contract 9 that goes with all counties that have government trappers, 10 which is the majority of them. 11 COMMISSIONER MOSER: Is $2,700 a month a good deal 12 for the amount of trapping? 13 COMMISSIONER OEHLER: They do a lot. 14 COMMISSIONER LETZ: They catch a lot of hogs and 15 lots of coyotes and a lot of, you know, fox, all -- pretty 16 much just -- you get a monthly report. It gives you all 17 those numbers. 18 COMMISSIONER LETZ: Yeah. 19 COMMISSIONER OEHLER: It's a lot. Lots of hogs. 20 Some months they kill 600 hogs. 21 COMMISSIONER LETZ: So it's a -- I mean, you know, 22 I think there's a value, certainly, in my mind. And it's 23 county-wide, where it helps. We have a -- I think the state 24 recognizes that we have a huge hog problem, and this is the 25 most effective way to control that, at a -- you know -- 12-26-12 36 1 COMMISSIONER OEHLER: Best you can. 2 COMMISSIONER LETZ: Yeah, best you can, at a 3 relatively low amount. I mean, there's -- we're getting a 4 bargain on the cost, because we -- I believe this is probably 5 just for one trapper, so we're getting two because of the 6 interlocal agreement with Kendall County. 7 COMMISSIONER MOSER: Okay. The reason I ask is 8 because I think a lot of the people that own property are 9 probably not aware that this service is available. 10 COMMISSIONER LETZ: Most ranches are. It's a 11 long -- 12 COMMISSIONER MOSER: I understand, but a lot 13 probably are not. 14 COMMISSIONER OEHLER: Maybe some new ones. 15 COMMISSIONER MOSER: Smaller. You know, people 16 that have a hundred -- couple hundred acres, 'cause I know 17 one resident that caught 40 hogs on their property and had to 18 -- you know, they did it themselves. I don't think they knew 19 that they could solicit the services here. But that'd be a 20 good thing to maybe remind everybody, is part of the -- some 21 of the other stuff. Here's the services available to the 22 taxpayers. 23 COMMISSIONER LETZ: They have a -- just from their 24 standpoint of their usage, they like to block up areas. I 25 mean, they're -- if you just have 100 acres that is 12-26-12 37 1 surrounded by property that's not, they may or may not go in 2 there. Their success is a little bit difficult sometimes, 3 because they usually put them on fence lines and neighbors. 4 But there's I don't know how many -- I bet of the rural end, 5 I bet, you know -- 6 COMMISSIONER OEHLER: There's a lot. 7 COMMISSIONER LETZ: A lot of acreage in the county 8 is tied up under these contracts. All west Kerr County is. 9 COMMISSIONER OEHLER: Yeah, it is. 10 COMMISSIONER LETZ: And a good part of the far 11 eastern part. But -- 12 COMMISSIONER MOSER: Maybe we can make the public 13 more aware. Good. 14 COMMISSIONER LETZ: I move we approve the new 15 contract as submitted. 16 COMMISSIONER OEHLER: Second. 17 COMMISSIONER LETZ: And authorize the Judge to sign 18 same. 19 JUDGE TINLEY: Motion made and seconded for 20 approval of the agenda item, and authorize Judge to sign 21 same. Question or discussion? All in favor of the motion, 22 signify by raising your right hand. 23 (The motion carried by unanimous vote.) 24 JUDGE TINLEY: All opposed, same sign. 25 (No response.) 12-26-12 38 1 JUDGE TINLEY: The motion does carry. Okay. Let's 2 move on to Section 4 of the agenda, payment of the bills. 3 COMMISSIONER BALDWIN: I move we pay the bills. 4 COMMISSIONER LETZ: Second. 5 JUDGE TINLEY: Motion made and seconded to pay the 6 bills. Any question or discussion? 7 COMMISSIONER BALDWIN: Question. This is a simple 8 thing; it's a $35 bill. However, I just want an explanation. 9 Under Commissioners Court, that last item there, Texas Social 10 Security program, administration fee. What -- tell me about 11 that. 12 MS. HARGIS: I was not -- I can't. I don't know. 13 I'll have to get you the information. 14 SHERIFF HIERHOLZER: I don't know, Buster. That 15 could have something to do with -- we have a working 16 relationship with them when inmates are put into jail that 17 are collecting Social Security. They get that information 18 which stops those payments until released from jail, so I 19 know we do deal with them there. I don't know if it could be 20 something -- 21 COMMISSIONER BALDWIN: That may be it. 22 SHERIFF HIERHOLZER: -- related to that, something 23 related to payroll. 24 COMMISSIONER BALDWIN: Why would that be under 25 Commissioners Court, though? 12-26-12 39 1 SHERIFF HIERHOLZER: I don't know. 2 COMMISSIONER BALDWIN: I know that's a silly thing, 3 but I just -- 4 MS. HARGIS: I'll have to get -- I'll hold the 5 check and find out. 6 COMMISSIONER BALDWIN: Thank you. That's the only 7 question, thank you. 8 JUDGE TINLEY: Any other questions? Comments? All 9 in favor of the motion, signify by raising your right hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: Motion carried. Do we have any 14 budget amendments? 15 MS. HARGIS: Well, we don't have any that I've 16 actually written up, but we do have -- in the Tax Assessor's 17 office, in both her Elections Services, which is in Fund 18 10-402, and in 10-499, she is totally out of part-time salary 19 line items, and I'm going to let her address that. She 20 currently has an outstanding check for an employee that's 21 worked part-time that will put her way over, and so we -- I 22 think she wants to address the Court to tell where she wants 23 to take the money from. 24 JUDGE TINLEY: Well, we don't have a budget 25 amendment request? 12-26-12 40 1 MS. HARGIS: No, we don't have a budget amendment 2 request. It was sent over to be put on the agenda, and I 3 thought it was going to be on here, but it's not. 4 JUDGE TINLEY: Okay. Well, of course, those 5 normally come through your office, the budget amendment 6 requests. 7 COMMISSIONER LETZ: I don't think we can deal with 8 this, Judge. 9 JUDGE TINLEY: I'm -- yeah that's my concern. 10 COMMISSIONER LETZ: We can listen. I mean -- well, 11 actually, I don't think we can even listen. It's not an 12 agenda item. 13 JUDGE TINLEY: No. Based on what you said, it 14 sounds like there's some degree of urgency. 15 MS. HARGIS: Well, you know, I'm not in a position 16 to approve extra salary line items coming out of a part-time 17 line item. 18 JUDGE TINLEY: Well, I understand that. 19 MS. HARGIS: So I'm, you know, not authorizing that 20 check. 21 COMMISSIONER BALDWIN: And the -- and the voters 22 registration thing, I think that is -- this is the second or 23 third time this has been brought up in here. That's probably 24 something that we caused by the -- putting an extra item on 25 the ballot and having to print new ballots and all that. 12-26-12 41 1 That was a pretty good expense in itself that was not planned 2 on, I don't think, in the budget process. 3 MS. HARGIS: Well, but that doesn't -- that's not 4 this salary for judges and clerks. That's a different line 5 item than ballots, but this is -- this is basically salaries. 6 COMMISSIONER BALDWIN: This is all salaries? 7 MS. HARGIS: Yes. We're, like, $4,200 over in 8 judges and clerks, and then in the overtime -- I mean in the 9 part-time line item right now, without approving this check, 10 we're already in the hole 70,000 -- I mean $70. We'll be, 11 like, $1,800 in the hole if we approve the check. 12 COMMISSIONER BALDWIN: Why didn't y'all budget it 13 properly in the beginning? 14 MS. HARGIS: Not my -- not my item to budget. 15 COMMISSIONER BALDWIN: The Judge is? Is that his 16 role? 17 MS. HARGIS: You know, we depend on the -- she 18 knows what she's going to do in these elections, and I have 19 to depend on her. She's the one -- she gave us these items. 20 You know, they're very similar to what they've been in the 21 past. I can't answer that question. That's why I wanted her 22 to answer the question, but we do need to put it back on the 23 agenda for next time. 24 COMMISSIONER MOSER: That's the thing to do. 25 JUDGE TINLEY: Sounds like we need to have an 12-26-12 42 1 agenda item for that. 2 MS. HARGIS: Well, again, I was told on the last 3 day we were here that agenda item was coming in, and so I 4 just assumed it got on here. 5 JUDGE TINLEY: Okay. 6 JUDGE TINLEY: Let's go to late bills. We've 7 got -- looks like a couple here, Rico U.S.A., 244.52, and 8 Central Texas Autopsy, 2,100 for an autopsy that was 9 performed. Are those the only two? 10 MS. HARGIS: Those are the only two that I know of. 11 JUDGE TINLEY: Do I hear a motion that the 12 indicated late bills be approved? 13 COMMISSIONER BALDWIN: What is -- what is this 14 thing I have here? 15 JUDGE TINLEY: Hmm? 16 COMMISSIONER BALDWIN: Special Commissioners Court 17 late bill. What is that? 18 MS. HARGIS: That's your report for late bills. 19 COMMISSIONER BALDWIN: Flooring, is this something 20 we need to pay? 21 JUDGE TINLEY: That -- I think that one's already 22 been paid. 23 MS. HARGIS: The flooring was paid at the last 24 meeting. 25 JUDGE TINLEY: Yeah, we approved that. 12-26-12 43 1 COMMISSIONER BALDWIN: Okay. 2 JUDGE TINLEY: Yeah, that one's been approved. 3 COMMISSIONER BALDWIN: Thank you. 4 JUDGE TINLEY: We just have the Central Texas and 5 Rico on the copier lease. 6 COMMISSIONER BALDWIN: I move we pay our bills. 7 COMMISSIONER MOSER: Second. 8 JUDGE TINLEY: Motion made and seconded to pay our 9 bills, which I assume includes these two late bills? 10 COMMISSIONER BALDWIN: That's our bills, right. 11 COMMISSIONER BALDWIN: Actually, these two -- 12 COMMISSIONER OEHLER: We already did the bills. 13 We're just doing late bills. 14 COMMISSIONER BALDWIN: Just these two. 15 JUDGE TINLEY: All right. All right. Motion made 16 and seconded as indicated. Question or discussion? All in 17 favor, signify by raising your right hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: The motion does carry. I have been 22 presented with monthly reports from Kerr County Treasurer for 23 November 2012, and Kerr County Treasurer for October 2012, 24 with revised Pages 2 and 3. Do I hear a motion that the 25 indicated reports be approved as presented? 12-26-12 44 1 COMMISSIONER BALDWIN: As presented. So moved. 2 JUDGE TINLEY: Motion made and seconded that the 3 indicated reports be approved as presented. Question or 4 discussion? All in favor, signify by raising your right 5 hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: Motion does carry. Okay. Now we 10 are down to reports from Commissioners in connection with 11 their liaison or other assignments. Commissioner Moser? Do 12 you have anything for us? 13 COMMISSIONER MOSER: Nothing else. 14 JUDGE TINLEY: Commissioner Letz? 15 COMMISSIONER LETZ: The only thing is -- and there 16 is a clarification, I think my memory's correct, that on the 17 -- in the budget, we approved a sweeping/cleaning machine for 18 the new barn, and I believe that money is in the Maintenance 19 budget for him to purchase that machine. I've been working 20 with -- Bruce and I are working with Tim on that, and we're 21 getting near to deciding on a machine. I just want to make 22 -- you know, there's a picture of what it kind of looks like. 23 We'll probably get a used one, save a lot of money. It's 24 what has been recommended by the San Antonio -- well, the 25 Stock Show Association, but the Freeman Coliseum management 12-26-12 45 1 and others, so they say it's -- they've had very good success 2 with this, a Tennant machine. And so I just want to let 3 everybody know, 'cause it is a pretty big ticket item. It's 4 probably $15,000, $20,000, in that range. And just let 5 everyone be aware that it's something that Maintenance, I 6 think, will go ahead and purchase -- authorize and purchase 7 as soon as it's decided on what's the best machine. That's 8 it. 9 JUDGE TINLEY: I don't recall the amount that we 10 had plugged in, but we were working off some preliminary 11 information. That may be a totally different machine or 12 equipment, or it may be pretty similar. 13 COMMISSIONER OEHLER: It's pretty similar. There's 14 not a whole lot on it. These are the -- if you look those up 15 online, you can buy a refurbished one, which is probably 16 plenty for what we have, no more space than we have. These 17 will clean -- I don't know, I didn't look at this one, but I 18 looked at one one day that will clean 70,000 square feet an 19 hour. 20 JUDGE TINLEY: Oh. 21 COMMISSIONER OEHLER: And the smaller version will 22 be plenty good for us. But they're -- they run either on 23 propane or electricity, and we charge them. The ones I was 24 looking at online, they were somewhere in the $15,000 to 25 $22,000 range. 12-26-12 46 1 JUDGE TINLEY: Is that new? 2 COMMISSIONER OEHLER: No, that's refurbished. A 3 new one like that's around 40, I think. I don't think we 4 need to do that. But that is going to be a vital part of 5 keeping the maintenance costs low out there. You can't put 6 enough people pressure-washing out there to make that 7 cost-effective. And this thing, you know, puts it down, 8 scrubs it, vacuums it up. And, like I say, you don't 9 increase your manpower. It's just this one machine. 10 COMMISSIONER LETZ: What I was looking at -- it's 11 very interesting. When I was was talking with the operations 12 manager of the Freeman Coliseum, all those other buildings, 13 he said they're just fantastic. He says you -- there's 14 different solvents that -- chemicals that you put in the 15 thing, so, like, if you have tire marks -- and I don't know 16 that we're going to have tire marks at our facility, but you 17 put in a tire cleaner and you just go out there and it gets 18 those up. If you want a disinfectant, like after the stock 19 show, you put a disinfectant in and it goes through and 20 disinfects everything. So, you tailor what you -- you know, 21 goes through the machine on the scrubber part of it. It both 22 sweeps and scrubs. So, anyway, it's a -- they've been -- 23 they could say nothing but good things about this brand and 24 this machine. 25 JUDGE TINLEY: Good. Okay, anything else? 12-26-12 47 1 COMMISSIONER LETZ: That's it. 2 JUDGE TINLEY: Have you got anything for us? 3 COMMISSIONER OEHLER: Just on the barn project. 4 They should be getting -- winding it up pretty close by this 5 Friday. And I think that they'll able to get the -- we have 6 a -- I guess it's the substantial completion form that you'll 7 be able to sign so that we can take occupancy of it probably 8 on the 2nd -- 9 JUDGE TINLEY: Okay. 10 COMMISSIONER OEHLER: -- is what I was told in our 11 meeting last week. So, the stock show bunch can get in 12 there, start setting up their pens, and then they'll do 13 little touch-ups and stuff. They'll be -- 14 COMMISSIONER MOSER: Punch list. 15 COMMISSIONER OEHLER: Punch list to do. But it's 16 going to be minor stuff, nothing major. Just, like, touching 17 up paint on some of the steel and around some of the doorways 18 and stuff like that. But they're -- they started setting 19 plumbing fixtures in last week, and I believe that the 20 partitions for the restrooms are coming in today, and they're 21 going to be installed today and tomorrow. Mirrors will be 22 in. Painting is done. The tops have been poured with the 23 lightweight concrete on restrooms. They were power-washing. 24 They didn't specify not to put the things on the tires, so 25 there's tires marks on it, and they're having to get all the 12-26-12 48 1 black tire marks off before they seal it so that -- you know, 2 'cause if you seal them in, they're there forever. You can't 3 get it off. So, that's what they're working on. 4 JUDGE TINLEY: Once they seal it, stay away from it 5 for what, 48 hours? 6 COMMISSIONER OEHLER: Something like that. 7 JUDGE TINLEY: Yeah. 8 COMMISSIONER OEHLER: They plan on doing that over 9 -- over the next week, I guess. 10 JUDGE TINLEY: Long weekend? 11 COMMISSIONER OEHLER: Well, maybe not the weekend. 12 It may be on Monday and Tuesday. 13 COMMISSIONER MOSER: We've had a good test to see 14 that the pipes don't freeze. 15 COMMISSIONER OEHLER: Yeah, that's true. But the 16 heaters are in, too. 17 COMMISSIONER MOSER: Yeah. 18 COMMISSIONER OEHLER: Operational. All the lights 19 are working. Fans are working. 20 COMMISSIONER LETZ: Sound system's planning to go 21 in. We need to coordinate, make sure they don't push off 22 that sealing much, 'cause they're planning to come right 23 after the 1st. 24 COMMISSIONER OEHLER: Okay. 25 COMMISSIONER LETZ: We need to have a lift to get 12-26-12 49 1 into there to put speakers in there. 2 COMMISSIONER OEHLER: Well, if we have to, we can 3 get Tim to rent one. 4 JUDGE TINLEY: He's going to rent a scissor lift 5 for them. 6 COMMISSIONER OEHLER: Yeah, but it's -- you know, 7 stock show, they've got -- all the pens are in. They're 8 on-site. They've already set up some in the indoor arena for 9 the show they had, I guess, maybe last weekend. They'll 10 have, you know, the smaller shows coming up until the big 11 show. The -- I believe they've even ordered stands and the 12 actual show ring. All that stuff will be here shortly. They 13 have their own -- we'll have more bleachers now that go 14 around, because that's part of what they purchased. 15 JUDGE TINLEY: Good. 16 COMMISSIONER OEHLER: And an announcer stand. So, 17 that's all going to be here prior -- it should be here this 18 week or next. I think it's the end of this week, is what 19 they told me. But it's -- 20 JUDGE TINLEY: Stock show people have a good 21 comfort zone about the progress of this thing? 22 COMMISSIONER OEHLER: Oh, yeah, they've got a good 23 comfort zone, I think. You know, there's always one or two 24 that are going to yak a little bit too much, but that's just 25 common. You probably know who they are. One of them was 12-26-12 50 1 concerned there wasn't enough lights, but there are. And 2 just little -- they didn't think there were any plugs. Well, 3 the other day, you know, the whole wad of plugs were going 4 in. Well, the electrician hasn't put them in yet. And they 5 were told they needed to get it finished and so they need to 6 bring some more manpower, so they put 13 electricians on the 7 job last week for a couple of days, you know. 8 JUDGE TINLEY: When they figured out they were 9 going to get paid, why, they released their -- 10 COMMISSIONER OEHLER: Yeah, they did. 11 JUDGE TINLEY: -- claim and put the boys on the 12 job. 13 COMMISSIONER OEHLER: That's right. So, anyway, we 14 have -- we have another new superintendent out there. But he 15 is working real hard with my favorite guy, Brian -- Brian 16 Walker. They send him everywhere to troubleshoot, and he's 17 had to leave a couple of times, but he and this guy that are 18 here now, they're the -- they're the top of the line. 19 They're that ones the push it to the finish. 20 JUDGE TINLEY: Okay. 21 COMMISSIONER OEHLER: So I think all is well. It's 22 just right down to the wire, and we knew it would be. 23 COMMISSIONER BALDWIN: Are you going to -- my 24 question is, are you going to have a grand opening tea and 25 cheese or whatever it is you do at those things? 12-26-12 51 1 COMMISSIONER OEHLER: I haven't thought about it. 2 I'm just trying -- 3 COMMISSIONER BALDWIN: Ribbon cutting. 4 COMMISSIONER OEHLER: Which I guess we need to 5 think about that, don't we? 6 COMMISSIONER BALDWIN: But that sounds like to me 7 that would be coming up pretty quick. 8 COMMISSIONER OEHLER: Yeah, it's going to have to 9 be pretty quick. 10 COMMISSIONER BALDWIN: Probably before A & M 11 dismantles Oklahoma, which is January 4th. 12 COMMISSIONER OEHLER: You know, it might be like 13 the day before the stock show starts or something, when 14 everything's set up. 15 COMMISSIONER BALDWIN: Be a good time. 16 COMMISSIONER OEHLER: I don't know. I haven't 17 thought that far. Just the main thing is to get it open. 18 COMMISSIONER BALDWIN: And -- you know, and this 19 sound system, I'm more excited about that than anything. 20 We're going to actually be able to communicate in there. And 21 we have a guy that is an employee of this county, James that 22 works in Environmental Health, -- 23 COMMISSIONER OEHLER: Yeah. 24 COMMISSIONER BALDWIN: -- and he's kind of an 25 expert in that. 12-26-12 52 1 COMMISSIONER OEHLER: James Lang. 2 COMMISSIONER BALDWIN: He's kind of an expert in 3 that arena. I wouldn't hesitate a minute to ask him to just 4 touch base with those guys, make sure that they're doing what 5 we want them to do, and get the sound -- proper sound and all 6 that. That's all. 7 COMMISSIONER OEHLER: That's it. That's enough. 8 COMMISSIONER BALDWIN: That's it. 9 JUDGE TINLEY: Okay. Okay. Elected officials? 10 Department heads? 11 SHERIFF HIERHOLZER: Just if you want an update on 12 jail population. We really made it through this last weekend 13 pretty good. We're at -- this morning we were at 100 males 14 and 20 females, so females have almost cut in half. I hope 15 that stays that way -- 16 COMMISSIONER OEHLER: Took Christmas off, huh? 17 SHERIFF HIERHOLZER: -- through the new year. But, 18 you know, department-wise, it's been extremely busy this last 19 weekend and that, a lot going on, but jail population is 20 looking pretty good right now, knock on wood. Other than 21 that -- 22 COMMISSIONER MOSER: The total is what again? 23 SHERIFF HIERHOLZER: 120 as of this morning. Other 24 than, that swearing in is 10 a.m.? 25 JUDGE TINLEY: 10 a.m. January 1. 12-26-12 53 1 SHERIFF HIERHOLZER: 'Cause I do have to have all 2 the officers up there for that. Okay, that's it. 3 JUDGE TINLEY: Okay. Ms. Hargis? Anything else to 4 come before the Court on this agenda? We'll be adjourned. 5 (Commissioners Court adjourned at 10:06 a.m.) 6 - - - - - - - - - - 7 8 STATE OF TEXAS | 9 COUNTY OF KERR | 10 The above and foregoing is a true and complete 11 transcription of my stenotype notes taken in my capacity as 12 official reporter for the Commissioners Court of Kerr County, 13 Texas, at the time and place heretofore set forth. 14 DATED at Kerrville, Texas, this 31st day of December, 15 2012. 16 17 JANNETT PIEPER, Kerr County Clerk 18 BY: _________________________________ Kathy Banik, Deputy County Clerk 19 Certified Shorthand Reporter 20 21 22 23 24 25 12-26-12