1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Friday, January 4, 2013 11 2:00 p.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 January 4, 2013 2 PAGE 1.1 Consider/discuss, take appropriate action to 3 pay costs of fire line connection to City of Kerrville's main water line at Hill Country 4 Youth Event Center and approve any necessary changes or change orders to General Contractor 5 in connection therewith 3 6 1.2 Consider/discuss, take appropriate action to approve various change orders to Show Barn at 7 Hill Country Youth Event Center 11 8 1.3 Consider/discuss, take appropriate action to approve issuance of Certificate of Substantial 9 Completion of General Contractor on Show Barn at Hill Country Youth Event Center -- 10 1.4 Consider/discuss, take appropriate action 11 to resolve issues or matters with general contractor or construction items relating to 12 Show Barn at Hill Country Youth Event Center; authorize payment of any expenditures in 13 connection therewith 23 14 1.5 Consider/discuss, take appropriate action regarding South Texas Blood and Tissue doing 15 a blood drive on February 6, 2013, in the courthouse parking lot from 11 a.m. - 5:30 p.m. 27, 16 33 1.6 Consider/discuss, take appropriate action to 17 decide Kerr County's participation in Political Worker's Compensation Alliance; have County Judge 18 sign same 29 19 1.7 Consider/discuss, take appropriate action on implementation of the burn ban 34 20 1.8 Consider/discuss, take appropriate action to 21 approve right-of-way easement agreement for Lazy Valley Road project; authorize County 22 Judge to execute same 44 23 2.1 Pay bills 48 24 --- Adjourned 49 25 3 1 On Friday, January 4, 2013, at 2:00 p.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: All right. Let me call to order 8 this special Commissioners Court meeting of the Kerr County 9 Commissioners Court posted and scheduled for this time, 10 Friday, January 4, 2013, at 2 p.m. It is that time now. 11 2013. That came pretty easy, didn't it? First item on the 12 agenda is to consider, discuss, take appropriate action to 13 pay the costs of a fire line connection of the city of 14 Kerrville's main water line at Hill Country Youth Event 15 Center and approve necessary changes or change orders to 16 general contractor in connection therewith. Commissioner 17 Oehler? 18 COMMISSIONER OEHLER: Yes, sir. I'm going to turn 19 it over to Gary. He's got all the documentation on that. 20 What it amounted to was that the City of Kerrville required 21 us to -- to let them make the connection to their own line. 22 They wouldn't allow our plumber to do it. 23 JUDGE TINLEY: Okay. 24 COMMISSIONER OEHLER: And so the cost of it was in 25 excess of what our plumber would have charged, and that is 1-4-13 4 1 what this amount is that Gary's going to give you. 2 MR. HATCH: Yeah, it's 1,768.61, is what we got 3 from the contractor. And he had the appropriate 4 documentation, which I believe Jody has. Just a 5 reimbursement, really. 6 JUDGE TINLEY: Now, are you telling me the amount 7 that's over and above is $1,700? 8 MR. HATCH: Yeah, 1,700 over and above the original 9 contract, since the -- the plumber had to pick up the tab 10 that was unforeseen from the City. 11 COMMISSIONER OEHLER: So what we're doing is 12 reimbursing. 13 JUDGE TINLEY: To the contractor? 14 COMMISSIONER OEHLER: To the contractor. 15 JUDGE TINLEY: Okay. 16 COMMISSIONER OEHLER: That has already paid for 17 that. 18 JUDGE TINLEY: Okay. The -- what was the amount 19 the contractor estimated for the cost of that? 20 MR. HATCH: I'd have to go back and look. 21 JUDGE TINLEY: Well, ballpark is close enough. 22 MR. HATCH: I'd have to -- for the entire plumbing 23 fee, I'm sure -- 24 JUDGE TINLEY: Well, no, I'm talking about just 25 this tie-in. He didn't have it itemized? 1-4-13 5 1 MR. HATCH: Well, this one's just for the -- for 2 the connection fee. 3 COMMISSIONER OEHLER: I'm trying to recall. 4 COMMISSIONER LETZ: Wasn't it on the -- 5 COMMISSIONER OEHLER: It was, like, 3,600 or 6 something like that, and then this is in addition to that. 7 JUDGE TINLEY: Okay. So -- so, about -- 8 COMMISSIONER OEHLER: You got the sheet right 9 there, Judge. 10 JUDGE TINLEY: Yeah. 11 COMMISSIONER LETZ: It's on there. 12 JUDGE TINLEY: It shows total change order amount 13 is 1,842.11. City tap fee was 1,561, but then we got all 14 these add-ons. 15 COMMISSIONER OEHLER: Mm-hmm. And mind you, all 16 but just a very short amount of that, the County did all the 17 digging, too. 18 JUDGE TINLEY: Yeah. Yeah. 19 COMMISSIONER OEHLER: But, anyway, that's what 20 we're -- what we're -- you know, what we're obligated to pay. 21 JUDGE TINLEY: The 1,700 and what, now? 22 MR. HATCH: 1,768.61. 23 JUDGE TINLEY: And that amount is due to be paid to 24 the contractor to reimburse him for the excess costs that he 25 paid for the City of Kerrville for their tie-in -- 1-4-13 6 1 MR. HATCH: That the plumber paid. 2 JUDGE TINLEY: -- over and above that which was 3 included in the original contract, whatever that amount was. 4 MR. HATCH: I think that's right. 5 JUDGE TINLEY: Okay. 6 COMMISSIONER BALDWIN: Let's do get that clear. Is 7 it the plumber or the contractor? 8 MR. HATCH: The plumber is the one who paid the 9 fee. 10 COMMISSIONER BALDWIN: Is that who we're calling 11 the contractor? 12 COMMISSIONER OEHLER: Plumbing contractor -- 13 subcontractor. 14 MR. HATCH: But this is going to Journeyman, and 15 Journeyman's reimbursing them. 16 COMMISSIONER OEHLER: Yeah, Journeyman pays them -- 17 COMMISSIONER BALDWIN: Okay. 18 COMMISSIONER OEHLER: -- from there. 19 COMMISSIONER LETZ: Gary? 20 JUDGE TINLEY: It goes to the general. 21 COMMISSIONER OEHLER: It all goes to the general. 22 It doesn't go to the individual subcontractor directly. 23 COMMISSIONER LETZ: I don't see the number you're 24 saying. I see total change order amount, $1,842.11. 25 JUDGE TINLEY: Well, the -- their number was up 1-4-13 7 1 here, and then they've added a whole bunch of administrative 2 stuff to it. Here it is. Tap fee -- city tap fee, 1,561. 3 COMMISSIONER LETZ: Right. 4 JUDGE TINLEY: And then there was all these 5 administrative general contractor add-ons for change orders, 6 5 or 10 percent for worker's comp and this and that and the 7 other, so it ran it up to 1,800 and change. 8 COMMISSIONER LETZ: Well, then, why don't we -- the 9 1,842 is what we're -- that's the change, not 17. 10 COMMISSIONER MOSER: No, not 1,768. 11 MR. HATCH: 1,768 is what the contractor stated to 12 us in the documents. 13 JUDGE TINLEY: The amount which the contractor paid 14 or is obligated to pay -- 15 COMMISSIONER OEHLER: Forget that number right 16 there. 17 JUDGE TINLEY: -- the plumbing contractor is 1,700 18 and -- 19 MR. HATCH: 68.61. 20 JUDGE TINLEY: That amount is more than what was in 21 his original contract, so -- and apparently it's already been 22 paid, whether it's been paid by the general or the -- or the 23 subcontractor. I suspect it's been paid by the general. 24 COMMISSIONER LETZ: Mm-hmm. 25 JUDGE TINLEY: But that's what we're obligated over 1-4-13 8 1 and above. In effect, an additional change order to the 17 2 and change. 3 COMMISSIONER LETZ: I think we need to make sure we 4 get backup that matches that number, 'cause I don't see 5 anything with that number on it. 6 MR. HATCH: Okay. 7 COMMISSIONER LETZ: I mean -- 8 MR. HATCH: The cover sheet that we got from 9 Journeyman had that number on it. 10 MR. HENNEKE: What was the number? 11 MR. HATCH: 1,768.61 is what -- 12 COMMISSIONER BALDWIN: And how did this -- how did 13 this come about? We get down to this point, and suddenly we 14 realize that there's something else we need to do? 15 COMMISSIONER LETZ: Just the city -- 16 COMMISSIONER OEHLER: That's another issue. 17 COMMISSIONER MOSER: It's who was going to do it. 18 COMMISSIONER LETZ: The City. We did -- the 19 contractor assumed that they would make the tie-in, and the 20 City says no, we'll make the tie-in and bill you for it. 21 COMMISSIONER OEHLER: It's their policy to make 22 their own tie-ins. 23 COMMISSIONER MOSER: So, had the general contractor 24 said we're going to do it -- we're going to have the City tie 25 it in, the amount would have been correct. The City may have 1-4-13 9 1 charged more than -- 2 COMMISSIONER LETZ: Right. 3 COMMISSIONER MOSER: -- the plumbing contractor 4 would have. 5 COMMISSIONER OEHLER: That's exactly what happened. 6 City is charging more for doing their own tap than what we 7 can get it done for by the contractor. 8 COMMISSIONER MOSER: But they require it. 9 COMMISSIONER OEHLER: That's what they require. 10 It's their line. 11 COMMISSIONER MOSER: They tie it in, right. 12 COMMISSIONER OEHLER: They own the line. 13 COMMISSIONER MOSER: That's it. 14 MR. HATCH: I'll have to look at it. 15 COMMISSIONER LETZ: I just think that -- I mean, 16 you've got that long list of all the add-ons and all that 17 stuff. To me, that page needs to match what the dollar 18 amount is. Otherwise, it's going to be confusing down the 19 road, at least to me. 20 MR. HATCH: I'll check on that. 21 JUDGE TINLEY: Essentially, what you're going to 22 have is the total cost charged by the City, less the 23 allowance made by the plumbing contractor in the original 24 contract, if it's included in what we're paying to the 25 general contractor. 1-4-13 10 1 COMMISSIONER OEHLER: There was a sheet -- 2 JUDGE TINLEY: And the difference is going to be 3 the 1,700. 4 COMMISSIONER OEHLER: There was a sheet like that, 5 but I don't know what the heck happened to it. 6 COMMISSIONER LETZ: But all of those add-ons need 7 to be included in the change order, is what I'm saying, all 8 that -- 9 MR. HATCH: It's a summary of all those. 10 COMMISSIONER LETZ: Okay. 11 JUDGE TINLEY: Okay. 12 COMMISSIONER LETZ: Make a motion; I'll second it. 13 Okay, I'll make a motion that we approve the change order to 14 add $1,768.61 to the contract with Journeyman. 15 COMMISSIONER OEHLER: Second. 16 JUDGE TINLEY: And that's for the purpose of paying 17 the excess for tying into the city water line? 18 COMMISSIONER LETZ: Yes. 19 COMMISSIONER MOSER: And do you want to say to have 20 the documentation to support that? 21 COMMISSIONER LETZ: Well, that -- I trust Gary with 22 that. 23 MR. HATCH: I'll get you that. 24 COMMISSIONER OEHLER: Give that to the Auditor. 25 That's the main thing. 1-4-13 11 1 JUDGE TINLEY: And you seconded? 2 COMMISSIONER OEHLER: Yes, sir. 3 JUDGE TINLEY: We have a motion and second as 4 indicated. Do I hear any question or discussion on the 5 motion? All in favor, signify by raising your right hand. 6 (The motion carried by unanimous vote.) 7 JUDGE TINLEY: All opposed, same sign. 8 (No response.) 9 JUDGE TINLEY: Motion carries. Okay. Let's go to 10 Item 2; to consider, discuss, take appropriates action to 11 approve various change orders to the show barn at the Hill 12 Country Youth Event Center. Commissioner Oehler, do we have 13 any of those change orders? 14 COMMISSIONER OEHLER: Well, Gary's supposed to have 15 all that. 16 MR. HATCH: Well, there's -- there's several of 17 them, adds and credits, and they sum up to mostly a credit of 18 $3,600.87 credit for the sum of them. But the first one is 19 to install lockable covers over the -- the heater and the fan 20 controls, which there are seven heaters and six fans, and so 21 that's a portion of it. And then the other thing was to 22 extend the fan controls from the fans themselves, which were 23 bid as remote-controlled, extend the controls down to where 24 they were accessible by Maintenance staff, and so -- so the 25 cost of this actually includes both the lockable covers for 1-4-13 12 1 all of the -- all of the heaters and the fans, and that -- 2 that extension of the controls down on the columns for the 3 six fans. 4 JUDGE TINLEY: And the reason for the extension, 5 extending them down, were these put way up high out of 6 everybody's reach? 7 MR. HATCH: Yeah. Yeah, that's the way they come. 8 And it was -- it was determined that if -- that they didn't 9 want to have to call the fan company if they -- or get a lift 10 in there if something goes wrong with the control, so just 11 bring the control down to where it was at a manageable level. 12 JUDGE TINLEY: So, the specs didn't call for those 13 to be brought down at that level, okay. Okay. 14 COMMISSIONER MOSER: You say that is a credit? 15 MR. HATCH: No, this is an add. 16 COMMISSIONER MOSER: That's an add. But the 17 following -- 18 MR. HATCH: The following ones that we're talking 19 about, they're credits. 20 COMMISSIONER MOSER: Okay. 21 COMMISSIONER OEHLER: When you get to the bottom 22 line, it's a credit. 23 COMMISSIONER MOSER: Okay. 24 MR. HATCH: That was a $221.96 add to do that. 25 JUDGE TINLEY: 221 or 2,221? 1-4-13 13 1 MR. HATCH: I'm sorry, 2,221.96. 2 JUDGE TINLEY: Okay. 3 MR. HATCH: The next one was to delete propane 4 piping through the building, which is a credit of $3,520. We 5 had routed piping from the back of the building where the 6 original propane tank was all the way through the building 7 and up to connect to the existing piping that's in the 8 existing facilities. And it was decided that the propane 9 piping would be relocated somewhere else on the grounds, and 10 so that pipe -- 11 COMMISSIONER OEHLER: That is -- 12 MR. HATCH: So there's no reason to run the pipe 13 all the way through the building, so we were able to gain 14 that credit for that. That proposal request also includes 15 deleting light fixtures on the north wall of -- of the 16 building where Phase 2 event hall was going to be added. 17 JUDGE TINLEY: Okay. 18 COMMISSIONER OEHLER: No point cutting holes in the 19 north end of the building now. The lights are going to be 20 taken down. 21 MR. HATCH: They'll work now, but -- 22 COMMISSIONER OEHLER: There's not -- they'll be 23 shining right on the old building. 24 MR. HATCH: Yeah. Inside the building, yeah. The 25 next one was a no-cost change to install the back-flow 1-4-13 14 1 preventer on the sprinkler system. City of Kerrville 2 required that. Sprinkler guy didn't catch it, and so they're 3 picking that up and putting that back-flow preventer on. And 4 they've already done it, put it on the sprinkler system. 5 They did add three days to the schedule for that. The next 6 one was a credit of $6,960 to delete the fire-proofing paint, 7 the intumescent paint in the existing Exhibition Hall. When 8 we didn't know what -- when the next phase was going to be 9 funded and moved forward with it, we had to provide special 10 paint on the inside of the existing building to fire-protect 11 the new building, so we did that. Now that we know we're 12 going to try to move forward on the event hall, we -- we've 13 recaptured that money. 14 JUDGE TINLEY: Is somebody going to come around and 15 check that we're moving forward? 16 MR. HATCH: Well, I -- you know, we -- 17 JUDGE TINLEY: I'm certainly not going to tell, but 18 if somebody's going to be -- you know, suppose we take a nap 19 here for a couple years? If that happens, ain't nobody going 20 to come back and say, "Wait a minute, you've got to go paint 21 the thing now," are they? 22 MR. HATCH: Well, if you -- if we want to not 23 approve it, we can go ahead and do that. It's a savings. 24 What we're assuming -- 25 JUDGE TINLEY: I'm not objecting to it. I'm just 1-4-13 15 1 asking if big brother or somebody's going to be coming around 2 checking to see if we did or did not put fireproof paint on, 3 and we're at the 181st day or the 366th day or whatever of 4 this lifespan of you don't need it or you do need it. 5 COMMISSIONER OEHLER: Would this be something we 6 could go back and do if we needed? 7 MR. HATCH: Yeah, it's something that can be done 8 any time. But at this point, with what we -- what we know as 9 far as how things are moving forward, it's a substantial 10 credit. 11 JUDGE TINLEY: I'm not objecting to that, but -- 12 MR. HATCH: So -- 13 COMMISSIONER MOSER: Is it the fireproof paint on 14 the show barn? 15 MR. HATCH: On the -- on the wall of the inside of 16 the existing -- 17 COMMISSIONER OEHLER: The old building. 18 MR. HATCH: Old building. 19 COMMISSIONER MOSER: Oh, the old building. 20 MR. HATCH: Yeah. There's plywood walls there. 21 COMMISSIONER MOSER: On the cinder-block wall? 22 MR. HATCH: No, above. Above the cinder-block 23 wall. 24 COMMISSIONER OEHLER: Above. The stuff that you 25 can't see. 1-4-13 16 1 JUDGE TINLEY: Gary, excuse the ring. Sorry I 2 raised the issue. 3 MR. HATCH: No, no, no, that's quite all right. 4 COMMISSIONER MOSER: But you can go back and paint 5 it later if you need to? 6 MR. HATCH: If the County feels like we need to, 7 then we can certainly do that. 8 COMMISSIONER MOSER: All right. 9 COMMISSIONER OEHLER: So, the bottom line on all of 10 that is -- 11 MR. HATCH: Wait, there's one more here. 12 COMMISSIONER OEHLER: Oh. 13 MR. HATCH: We are -- we're installing double doors 14 into the existing opening to connect the two buildings. We 15 were just going to have an opening there. 16 JUDGE TINLEY: Makes sense. 17 MR. HATCH: So that's a $2,801.60 add to do that, 18 and build that wall and that door. So, all of those together 19 add up to a credit of -- of $3,687.83. There is one more 20 item that we can -- that we can present that didn't make it 21 to the agenda that can be part of that, if we want to amend 22 that, which is also a credit, and it's a chemical doser for 23 the rainwater system. The water the that comes back into the 24 building, we had spec'd in a chemical doser to purify the 25 water. There is no state law that requires that that water 1-4-13 17 1 be purified. It's just rainwater, and it serves the -- the 2 hose bibs for the animal wash-down areas and the toilets, and 3 hose bibs outside the building. That's a $1,094 credit that 4 we got just yesterday. And so we can add that into this for 5 approval if -- if -- 6 JUDGE TINLEY: When are you going to have all those 7 formal change orders all laid out and documented and -- 8 MR. HATCH: Well -- 9 JUDGE TINLEY: -- ready to be signed off here? 10 MR. HATCH: We need to summarize this in a formal 11 change order that includes all of these items. 12 JUDGE TINLEY: Right. 13 MR. HATCH: And bring it to you for signature. 14 JUDGE TINLEY: Okay. 15 MR. HATCH: So it's not -- each individual one's 16 not approved yet. 17 JUDGE TINLEY: I understand that. 18 COMMISSIONER OEHLER: We can approve and authorize 19 you to sign whenever you get the proper documentation. 20 JUDGE TINLEY: I just know before, when we had 21 several change orders, there was some certification by the 22 architect and -- and the various change order documents. 23 COMMISSIONER OEHLER: You're exactly right. But 24 this is one of those times when we're right down to the wire. 25 JUDGE TINLEY: Hurry up and go. 1-4-13 18 1 COMMISSIONER OEHLER: We didn't have time to do all 2 of that. 3 JUDGE TINLEY: Hurry up and go. 4 COMMISSIONER OEHLER: 'Cause they did the 5 walk-through and all kinds of things. 6 JUDGE TINLEY: And that's an additional credit of 7 1,000 -- how much? 8 MR. HATCH: $1,094. 9 JUDGE TINLEY: Even? 10 MR. HATCH: Yes, sir. 11 JUDGE TINLEY: Okay. So -- 12 MR. HATCH: So, it will be a substantial credit at 13 the end of the job, which is -- 14 COMMISSIONER OEHLER: It's easier to take a credit 15 than it is to pay out more. 16 JUDGE TINLEY: Sure is. 17 COMMISSIONER LETZ: Gary, the number one on the 18 printout that I'm looking at is the tap fee -- 19 MR. HATCH: Mm-hmm. 20 COMMISSIONER LETZ: -- for the City, and we 21 addressed that under the other agenda item, so this one 22 actually would start with PR-11 and PR-12, PR-13, PR-15, 23 PR-16. And then PR-17, I presume, is this new one? 24 MR. HATCH: Yes. 25 COMMISSIONER LETZ: But that's going to yield a 1-4-13 19 1 credit substantially more than 3,687, because we've 2 already -- 3 COMMISSIONER OEHLER: We took care of the tap fee. 4 COMMISSIONER LETZ: The 1,768 is included in that 5 3,687 number, but we already took care of that in the 6 previous agenda item. 7 MR. HATCH: In a previous agenda. 8 JUDGE TINLEY: Yeah. 9 COMMISSIONER LETZ: I think we need to leave the 10 total amount blank, and just approve each of those -- 11 MR. HATCH: Individually, okay. 12 COMMISSIONER LETZ: -- individually. Otherwise, 13 they're not going to add up right. 14 MR. HATCH: Okay. 15 JUDGE TINLEY: Okay. Well, just a second. 16 COMMISSIONER MOSER: Why not just do them 17 individually, rather than having a -- 18 MR. HATCH: Well, it -- 19 COMMISSIONER LETZ: The net effect is still going 20 to be the same. 21 COMMISSIONER MOSER: Right. 22 MR. HATCH: Yeah. Typically, they'll put the 23 little items together and sum it all up in a big change order 24 so that there's less paperwork, but we can do it any way 25 you'd like to. 1-4-13 20 1 COMMISSIONER LETZ: I think when the paperwork 2 comes, I don't have a problem with it being on one change 3 order. 4 COMMISSIONER MOSER: Right. 5 COMMISSIONER LETZ: As long as we approve them on 6 the court orders. 7 JUDGE TINLEY: There will be individual change 8 orders attached to the certifications from the architects. 9 MR. HATCH: Each one of these will be attached to 10 the support -- supporting documentation. 11 JUDGE TINLEY: They'll all be there. But the net 12 amount of the credit, when you consider the city tap fee 13 amount, is going to be $3,013.42, by my calculations, and I 14 think that's right. 15 COMMISSIONER LETZ: Well -- 16 JUDGE TINLEY: But if -- you know, if the Court 17 wants to make a -- pass a motion whereby these various change 18 orders as specified by the architect, 11, 12, 13, 15, 16, and 19 17, to come with the credit of $1,094 on that one, when those 20 are presented to me, why, I can sign them. 21 COMMISSIONER LETZ: I'll make a motion that we 22 approve PR-11 in the amount of $2,221.96 for fan and heater 23 controls; PR-12 as a credit of $3,520 for deleting propane 24 piping; PR-13, which was install back-flow preventer, but 25 there's no change or no cost change for that; PR-15, a credit 1-4-13 21 1 of $6,960 to delete fireproof paint; PR-16, an additional 2 $2,801.60 to add doors to the exhibit hall; and whatever -- 3 and PR-17, chemical -- what's that? 4 JUDGE TINLEY: Doser. 5 COMMISSIONER LETZ: Doser. An additional -- or is 6 this a credit? Is that a credit? 7 JUDGE TINLEY: Yeah, that's a credit, excuse me. 8 COMMISSIONER LETZ: A credit in the amount of 9 $1,094. 10 COMMISSIONER OEHLER: Second. 11 JUDGE TINLEY: Motion's been made and seconded. 12 Question or discussion? 13 MR. HENNEKE: Just a quick question. Gary, if, 14 later on down the road, for whatever reason, the County 15 wanted that rainwater to be potable, would it be more 16 expensive then to come back in and put in that chemical 17 filter than it is -- 18 COMMISSIONER MOSER: There's a lot more than that. 19 MR. HENNEKE: -- than we've already got budgeted, 20 already planned for? 21 MR. HATCH: I would assume that it would be. It 22 all comes in a package right now, but if you break them out, 23 probably be a little bit more. 24 COMMISSIONER MOSER: There's a lot more you'd have 25 to add to that system. 1-4-13 22 1 COMMISSIONER OEHLER: It's not just the chemical 2 thing. 3 COMMISSIONER MOSER: Yeah, it's not just -- it's a 4 bunch of stuff. 5 MR. HENNEKE: Okay. 6 COMMISSIONER OEHLER: It's a way bigger deal to get 7 that water potable than it is just to treat it a little bit 8 to maybe sanitize it. 9 MR. HENNEKE: Nevermind. 10 JUDGE TINLEY: Filtration systems, chlorinator 11 systems, all sorts of stuff. 12 COMMISSIONER MOSER: Ultraviolet. 13 COMMISSIONER LETZ: Gary, only question I have, 14 when I was reading through those, there's no PR-14. 15 MR. HATCH: Yeah, PR-14 was deleted. It was a 16 little bit of dry wall work that Journeyman -- 17 COMMISSIONER LETZ: Okay. 18 MR. HATCH: -- did for themselves. 19 COMMISSIONER LETZ: I just wanted the record to 20 show there is no PR-14. That was missing in the sequence. 21 JUDGE TINLEY: We have a motion and second. 22 COMMISSIONER BALDWIN: In the motion, the Judge is 23 to sign off? 24 COMMISSIONER LETZ: County Judge to sign those 25 change orders when they come back forward as signed off on by 1-4-13 23 1 the architect. 2 COMMISSIONER OEHLER: There you go. 3 JUDGE TINLEY: Did you get that part of it, Cheryl? 4 THE CLERK: Yes. 5 JUDGE TINLEY: 'Cause that's important. When it's 6 approved by the architect. Okay. Any further question or 7 discussion? All in favor of the motion, signify by raising 8 your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: The motion carries. Okay. Item 3; 13 consider, discuss, take appropriate action to approve 14 issuance of Certificate of Substantial Completion of General 15 Contractor on show barn, Hill Country Youth Event Center. 16 Commissioner Oehler? 17 COMMISSIONER OEHLER: Judge, I would ask that -- 18 that this be passed until we get the documentation needed in 19 order to be able to issue that. 20 JUDGE TINLEY: Okay. 21 COMMISSIONER BALDWIN: Smart move. 22 JUDGE TINLEY: Okay. Anybody want to pursue 23 anything else on that? Let's go to 4; consider, discuss, 24 take appropriate action to resolve issues or matters with the 25 general contractor or construction items relating to the show 1-4-13 24 1 barn at the Hill Country Youth Event Center and authorize 2 payment of any expenditures in connection therewith. 3 COMMISSIONER OEHLER: I would -- I have a question, 4 I think, for -- for Preston. 5 MR. JORDAN: Yes, sir? 6 COMMISSIONER OEHLER: Being that you're not going 7 to get the substantial completion certificate today, because 8 there's a little bit of documentation still lacking -- 9 MR. JORDAN: Yeah. 10 COMMISSIONER OEHLER: -- for that, do you have any 11 objection to the stock show folks going ahead and starting to 12 set up for their function starting on Monday? 13 MR. JORDAN: We don't, sir. Just to let you know, 14 the fire sprinkler contractor will be there first thing 15 tomorrow morning to get that certificate, test the system, 16 and we can -- we can even do a 24-hour fire watch, just have 17 someone there. But we have no objections to people setting 18 up. 19 COMMISSIONER OEHLER: Okay. Well, they'll be 20 workers, kind of like everybody else been working out there. 21 And, you know, that's -- that wouldn't delay the stock show 22 from going forward and getting their stuff done, and I don't 23 think that's going to interfere with anything y'all are 24 doing. And we need to post another meeting, I think, in 25 order to be able to give you that certificate when you get 1-4-13 25 1 the documentation that we need. 2 MR. JORDAN: Okay. 3 COMMISSIONER OEHLER: That work for you? 4 MR. JORDAN: Yes, sir. 5 JUDGE TINLEY: We should -- we should have that 6 in-hand first part of next week, should we not? 7 MR. JORDAN: Yes, sir. 8 JUDGE TINLEY: I'm trying to think. If we post 9 today, we can meet Tuesday afternoon at the earliest; is that 10 right? 11 MS. GRINSTEAD: Mm-hmm. 12 COMMISSIONER OEHLER: Does that give you enough 13 time? 14 MR. JORDAN: Yes, sir. 15 JUDGE TINLEY: That would be the quickest that we 16 could. Tuesday at 3 o'clock, it looks like. 17 MS. GRINSTEAD: We -- we would be okay if -- 18 JUDGE TINLEY: Huh? 19 MS. GRINSTEAD: We have to meet at this time or 20 later if we did it Monday, but if we did it Tuesday, we'd be 21 fine for the morning. 22 JUDGE TINLEY: Wait a minute. Wait a minute. 23 COMMISSIONER OEHLER: 72; you got till 2:30 Monday. 24 JUDGE TINLEY: Sunday to Monday, that's right. 25 MS. GRINSTEAD: Yeah, so we could do it Tuesday 1-4-13 26 1 morning. 2 JUDGE TINLEY: Tuesday morning? Okay. 3 COMMISSIONER OEHLER: That work for you, Preston? 4 MR. JORDAN: Yes, sir. 5 JUDGE TINLEY: Okay. I was giving -- 6 COMMISSIONER OEHLER: I've been advised by the 7 County Attorney it was a good idea to maybe just go ahead and 8 do it as a special court meeting. 9 JUDGE TINLEY: Yeah. 10 COMMISSIONER OEHLER: So that we're all present and 11 accounted for, and it's done the way -- 12 COMMISSIONER MOSER: You'll have a quorum, but I 13 won't be here. 14 JUDGE TINLEY: Okay, 10:30 Tuesday. That way, if I 15 got any mental health, those will -- I can have those out of 16 the way. 17 COMMISSIONER LETZ: Commissioner, just -- you might 18 mention to the stock show folks that they need to leave that 19 center completely clear. We'll have that lift for -- the 20 sound people will be working, installing that, and they're 21 going to need access right down the middle of that with their 22 lift, and running wires and -- 23 COMMISSIONER OEHLER: How wide do they need down 24 the middle? That's 160 feet in there. 25 COMMISSIONER LETZ: I mean, I don't -- they'd have 1-4-13 27 1 to work on the perimeters, what I'm saying. I don't know how 2 much they need. They're mounting all the speakers, running 3 all the wires, but they will have to put antennas -- I'm not 4 sure of the configuration of six antennas. 5 COMMISSIONER OEHLER: When are they putting that 6 in? Starting on Monday? 7 COMMISSIONER LETZ: Starting Monday morning. 8 COMMISSIONER OEHLER: They'll just have to work 9 with them there. Yes, I will pass the word. 10 JUDGE TINLEY: Okay. 11 COMMISSIONER OEHLER: I seem to be the passer of 12 the word lately, among other things. 13 COMMISSIONER LETZ: You're doing a good job. 14 JUDGE TINLEY: You seem to be there most of the 15 time. 16 COMMISSIONER OEHLER: I have been there quite a 17 bit, continue to. I've been there most of the day today. 18 JUDGE TINLEY: Have we got any more items under 4 19 which -- anything else you want to -- 20 COMMISSIONER OEHLER: I don't want to say anything 21 else about anything, if you want to know. 22 JUDGE TINLEY: All right. Okay, good. Okay. Why 23 don't we go to Item 5, then; consider, discuss, take 24 appropriate action regarding South Texas Blood and Tissue 25 doing a blood drive on February 6th, 2013, in the county 1-4-13 28 1 courthouse parking lot from 11 a.m. to 5:30 p.m. Ms. Lantz? 2 MS. LANTZ: This is the time that they usually 3 request to use the parking lot up front to do their annual 4 blood drive. So, they had called to see if they could go 5 ahead and get it scheduled and on the books so they can 6 advertise to make sure they get enough people to come to it. 7 JUDGE TINLEY: I don't know that we've got any -- 8 SHERIFF HIERHOLZER: Only thing I do know, and I 9 had to check, but I have been told that there's several jury 10 trials scheduled for this month, or around this time, this 11 next couple months, like four or five different ones, 12 including some civil ones here. So, I don't know what that 13 would do to jury panels. 14 JUDGE TINLEY: They have two weeks -- no, three 15 weeks in January here. I was talking to Charlie the other 16 day. Now, that's January. I didn't talk to him about 17 February, but it occurs to me that if we roll that many in 18 January, I don't know what this -- 19 SHERIFF HIERHOLZER: I don't know if they want to 20 get that -- and I don't know that it would go there, but the 21 capital case that's out of Del Rio will run sometime in the 22 next couple months. I just don't know, Judge. It may be -- 23 JUDGE TINLEY: Ms. Grinstead could call up there 24 right now and inquire if they got anything going for February 25 the 6th. I don't even know what day of the week it is. 1-4-13 29 1 MS. LANTZ: I think it's a Wednesday. 2 JUDGE TINLEY: Wednesday? 3 MS. LANTZ: It's a Wednesday, I believe. 4 MS. HARGIS: Becky's not upstairs. 5 JUDGE TINLEY: She's not upstairs? 6 MS. HARGIS: No, she's not here today -- this 7 afternoon. 8 SHERIFF HIERHOLZER: Anyway, I would assume it 9 would be all right, but -- you know, because normally on a 10 jury selection, by Wednesday there's no problem. But if it's 11 a capital case -- 12 JUDGE TINLEY: Yeah, there will be voir dire and 13 individual -- 14 SHERIFF HIERHOLZER: Those take voir dire for a 15 long time. I just don't know. 16 JUDGE TINLEY: The other thing she can do is call 17 upstairs to Courthouse Security. They keep track of that. 18 SHERIFF HIERHOLZER: See if Charlie can tell you. 19 JUDGE TINLEY: Let's have her call up there on 20 that. Let's leave that one where it lays for a minute, and 21 go to Item 6; to consider, discuss, take appropriate action 22 to decide Kerr County's participation or not in the Political 23 Worker's Compensation Alliance and have County Judge to sign 24 same. One way or the other, we elect not to or we elect to? 25 MS. LANTZ: Yes, sir. 1-4-13 30 1 JUDGE TINLEY: Okay. 2 MS. LANTZ: This has to do with the doctors that 3 are going to be used for the employees who are injured. 4 There are very limited doctors within the alliance here in 5 Kerrville, so they will have to go outside of Kerrville, San 6 Antonio or Austin, 'cause Fredericksburg doesn't even have 7 any within the alliance. So, it limits the employee to seek 8 medical attention that is, you know -- 9 JUDGE TINLEY: Of their choosing. 10 MS. LANTZ: Yes. If we go within the alliance, we 11 do have to go to the doctors that are posted within the 12 alliance. There's no choice behind it. And, you know, an 13 employee may get good care or not; we don't know. So -- 14 MR. HENNEKE: The trade-off if we opt into the 15 alliance, we get a $56,000 credit with TAC for participating, 16 but it limits the availability of doctors that our employees 17 can access. There aren't that many here locally, so they'd 18 have to go elsewhere. 19 COMMISSIONER BALDWIN: How many is in Comfort? 20 MS. LANTZ: None. And currently, we are not within 21 the alliance. We have not been. However, we do use the 22 clinics here for small minor emergencies that are within the 23 alliance, so you can still use the -- the Family Practice 24 that is within the alliance here in Kerrville for the minor 25 things that happen. It's just anything major, if they have 1-4-13 31 1 to seek -- 2 JUDGE TINLEY: But it effectively takes away the 3 employee's medical care of choice. 4 MS. LANTZ: Correct. 5 SHERIFF HIERHOLZER: Yeah. 6 COMMISSIONER LETZ: This is for -- 7 MS. LANTZ: Worker's comp. 8 COMMISSIONER LETZ: Comp only? 9 COMMISSIONER BALDWIN: Is this the same issue we 10 dealt with a couple years ago, that the clinic in Boerne was 11 recommended? 12 COMMISSIONER OEHLER: Mm-hmm, I think so. 13 COMMISSIONER LETZ: Similar. 14 COMMISSIONER OEHLER: You didn't have to go down 15 there. But Road and Bridge is the one that used it mostly, I 16 think, and we tried to use it, and I never was able to get 17 in. I couldn't get in to them for some reason or another; I 18 don't know why. 19 SHERIFF HIERHOLZER: It's very hard, the way it is, 20 to find a physician that will take the worker's comp. I have 21 the employees and some that have used it, and I had to go to 22 San Antonio anyhow, because you can't find an employee -- a 23 physician here that will take worker's comp here. 24 JUDGE TINLEY: That's a compensation issue. 25 SHERIFF HIERHOLZER: That's exactly what it is. 1-4-13 32 1 They finally found one in Fredericksburg, but then after 2 that, they referred them over to San Antonio, and it's been a 3 nightmare. 4 COMMISSIONER LETZ: Do you have a recommendation 5 one way or the other? 6 MS. LANTZ: I'd prefer not, for the County's 7 interest is not to join the alliance. That gives the 8 employees a better choosing of who they would like to seek 9 their care with. 10 COMMISSIONER BALDWIN: Yeah, they can go out and 11 get their own doctor. 12 MS. LANTZ: We're still involved, and they can see 13 their doctor, because then our adjuster approves it. So -- 14 COMMISSIONER OEHLER: Sounds good to me. 15 COMMISSIONER BALDWIN: Yeah. 16 JUDGE TINLEY: Yeah. 17 COMMISSIONER OEHLER: Ain't going to make it more 18 complicated than it already is. 19 JUDGE TINLEY: Do I hear a motion that Kerr County 20 not participate in the Political Worker's Compensation 21 Alliance? 22 COMMISSIONER MOSER: So moved. 23 COMMISSIONER OEHLER: Yes, sir, you got it from me. 24 JUDGE TINLEY: Okay. Do I hear a second? 25 COMMISSIONER MOSER: I second. 1-4-13 33 1 JUDGE TINLEY: Got a motion and second as 2 indicated. Question or discussion? All in favor, signify by 3 raising your right hand. 4 (The motion carried by unanimous vote.) 5 JUDGE TINLEY: All opposed, same sign. 6 (No response.) 7 JUDGE TINLEY: Motion carries. 8 MS. LANTZ: Thank you. 9 JUDGE TINLEY: Let's go back to Item 5. What -- 10 what large group of activities are occurring around here 11 February 6th? 12 MS. GRINSTEAD: Both District Judges are out at a 13 conference that day, so it's fine. 14 SHERIFF HIERHOLZER: Ain't no trial then, Judge. 15 COMMISSIONER OEHLER: Won't be many activities 16 upstairs. 17 SHERIFF HIERHOLZER: Wouldn't be many activities 18 that day. 19 JUDGE TINLEY: Okay. I may decide to get real busy 20 there. Don't I count? 21 COMMISSIONER OEHLER: You're the outhouse judge; 22 they're the penthouse judges. (Laughter.) 23 JUDGE TINLEY: I see. That one's going to go in 24 the -- I knew it. 25 COMMISSIONER BALDWIN: Have you been saving that up 1-4-13 34 1 or what? 2 COMMISSIONER OEHLER: I thought about it for a 3 while, Buster. 4 COMMISSIONER BALDWIN: God, that was good. 5 COMMISSIONER OEHLER: 'Cause I thought this was an 6 outhouse, and the penthouse was up there. 7 COMMISSIONER BALDWIN: See, I never heard that. 8 JUDGE TINLEY: I knew immediately that that made 9 the list for 2013. 10 COMMISSIONER BALDWIN: That's good. 11 JUDGE TINLEY: Okay. This was a monumental day. 12 Okay, I'm waiting on a motion for 5, then. 13 COMMISSIONER BALDWIN: So moved. 14 COMMISSIONER LETZ: Second. 15 JUDGE TINLEY: Motion made and seconded for 16 approval of the agenda item. 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: Motion carries. Next item, 7, to 22 consider, discuss, take appropriate action on implementation 23 of the burn ban. Apparently, the backup that was utilized 24 previously was not properly reviewed, and there were some 25 clerical errors in that, and so we need to probably make sure 1-4-13 35 1 we've got this thing in apple pie order so that it complies 2 with the changes that we made in the burn ban. And I think 3 we've got the -- 4 SHERIFF HIERHOLZER: Last line should mention 5 propane. 6 JUDGE TINLEY: "Propane cooking fires under safe 7 and controlled conditions," that this Court approved as part 8 of its general policy. 9 COMMISSIONER LETZ: Say that again? 10 COMMISSIONER MOSER: So what's the change? 11 COMMISSIONER LETZ: We're back with the -- I 12 thought we just put that in for the really dry period. 13 That's in our burn ban? 14 COMMISSIONER OEHLER: We amended the order, I 15 think. 16 SHERIFF HIERHOLZER: You amended the entire order 17 of the burn ban to include where that's an exception. You 18 can use propane grills and things like that. 19 COMMISSIONER LETZ: But you can't barbecue -- 20 COMMISSIONER OEHLER: Of course you can; it's 21 cooking fires. 22 SHERIFF HIERHOLZER: It's cooking fires. 23 COMMISSIONER LETZ: What's propane have to do with 24 it? 25 SHERIFF HIERHOLZER: It's the way y'all -- 1-4-13 36 1 COMMISSIONER OEHLER: We have that thing so messed 2 up, we finally -- we're about to restrict fires totally, 3 which we didn't have the authority to do. 4 COMMISSIONER LETZ: This order does not prohibit 5 outdoor burning activities, (1) related to public health and 6 safety that are authorized by the Texas Commission on 7 Environmental Quality, for (a) firefighting training, (b) 8 public utility, natural gas pipeline, or mining operations, 9 and/or (c), planting or harvesting of agricultural crops; or 10 (2), that are conducted by a prescribed burn manager 11 certified by the Texas Department of Agriculture or certified 12 under Section blah, blah, blah of the Natural Resources Code, 13 and meeting standards of Section 153.047, Natural Resources 14 Code, and (3), related to commercial food establishments, and 15 (4), propane and cooking fires under safe, controlled -- safe 16 and controlled conditions. 17 SHERIFF HIERHOLZER: What y'all did, Jonathan, that 18 was the newest one that covered everything. The last time 19 you adopted the order, the old order got put in and adopted 20 instead of the new one. 21 COMMISSIONER MOSER: It didn't include propane. 22 SHERIFF HIERHOLZER: Right. 23 COMMISSIONER MOSER: For cooking. 24 SHERIFF HIERHOLZER: Or cooking establishments. 25 They just substituted an old, outdated order instead of the 1-4-13 37 1 one we were going by at that time. 2 COMMISSIONER LETZ: I'll make a motion to approve 3 the -- 4 JUDGE TINLEY: Amended order. 5 COMMISSIONER LETZ: -- amended burn ban. And I 6 have some discussion on it. 7 COMMISSIONER MOSER: Second. 8 JUDGE TINLEY: Motion made and seconded as 9 indicated. Question or discussion? 10 COMMISSIONER LETZ: The discussion is that -- two 11 things. One, a little bit of a question to you. I've 12 already received calls about burning coastal fields during 13 burn bans, and based on this order as I read it, that's 14 permitted. 15 COMMISSIONER OEHLER: It is. 16 COMMISSIONER LETZ: So that we're all clear, you 17 know, or in agreement, because it is -- 18 COMMISSIONER BALDWIN: Prescribed burns. 19 COMMISSIONER LETZ: It's -- no. 20 COMMISSIONER OEHLER: Not prescribed. 21 COMMISSIONER MOSER: It says agricultural. 22 COMMISSIONER OEHLER: Agricultural. 23 COMMISSIONER LETZ: Planting or harvesting of 24 agricultural crops. And a coastal field -- 25 COMMISSIONER OEHLER: It's burning off the dead 1-4-13 38 1 stuff. 2 SHERIFF HIERHOLZER: Is that considered planting or 3 harvesting? 4 COMMISSIONER LETZ: It's done for maintenance of 5 the -- 6 SHERIFF HIERHOLZER: Is it -- 7 COMMISSIONER LETZ: -- of the crop. 8 SHERIFF HIERHOLZER: -- so new growth can -- 9 COMMISSIONER LETZ: So, it's part of the 10 maintenance of a crop, so -- which is harvesting the old, 11 dead stuff to get rid of it. So, anyway, that's just one 12 issue that's already been brought up. And the second item 13 is, for those that don't know, we have a new head over at the 14 NRCS office. 15 COMMISSIONER OEHLER: Oh, we do? 16 COMMISSIONER LETZ: Laura Broyles. And she called 17 me yesterday -- or what's -- yeah, yesterday, I guess, and 18 wanted to know if -- how we were handling prescribed burns, 19 because she had been given some information that we do it 20 differently than any other county in the state. 21 COMMISSIONER OEHLER: We might. 22 COMMISSIONER LETZ: And I told her it's accurate. 23 But, anyway, I said I'd bring it up to the Court. I said the 24 way it has been handled in the past, it kind of was always 25 included with our order. Maybe I'll bring this back, based 1-4-13 39 1 on reading this, that if the NRCS office approves the form of 2 a burn -- of a prescribed burn plan, then the landowner -- 3 there's some conditions, and the landowner can do a 4 prescribed burn on their own property during the burn ban. 5 They don't approve the burn ban; that's for us to do, 6 individually or collectively. But they approve the form of 7 it. That's the agreement we've worked out previously with 8 them. 9 COMMISSIONER MOSER: They approve the form of the 10 burn ban? 11 COMMISSIONER LETZ: The form of the prescribed burn 12 plan. 13 COMMISSIONER MOSER: Okay, plan. 14 COMMISSIONER LETZ: And -- 15 COMMISSIONER BALDWIN: Do they do it or do they not 16 do it? 17 COMMISSIONER LETZ: They approve the form, but they 18 don't approve the burn. And the reason -- and this is the 19 same language we had two years ago when we did this. 20 COMMISSIONER BALDWIN: And so -- 21 COMMISSIONER LETZ: They don't want liability for 22 approving a burn, but they will approve -- 23 COMMISSIONER OEHLER: They'd like for us to have 24 it, not them. 25 COMMISSIONER LETZ: And they say it, but they're 1-4-13 40 1 not going to approve the form unless they're comfortable with 2 it. 3 COMMISSIONER MOSER: Okay. 4 COMMISSIONER LETZ: So -- and we're proceeding 5 under the same plan this time. I told them I would bring it 6 to the Court, but -- and I'll probably put it on the agenda 7 so we can look at it again at our next meeting. But they're 8 kind of proceeding in that direction right now over there. 9 COMMISSIONER BALDWIN: Well, I -- 10 COMMISSIONER OEHLER: They have to do another step 11 now. These people that have been putting together the burn 12 plan and -- and calling, and, you know, either file it here 13 or have it on file for review if it's needed, that's not 14 going to be -- they'll have to go through NRCS. 15 COMMISSIONER LETZ: Same as it's been. This is the 16 way we've always done it during a burn ban. 17 COMMISSIONER OEHLER: But we haven't had anyone 18 over there in a while. 19 COMMISSIONER LETZ: Yeah, we had one; Wayne Seipp 20 was there. 21 COMMISSIONER OEHLER: She never has -- 22 COMMISSIONER LETZ: We didn't have a burn ban 23 during the burning season last year. 24 COMMISSIONER OEHLER: Yeah. 25 COMMISSIONER LETZ: So it wasn't an issue. But 1-4-13 41 1 this year, we have had burn bans during the growing season. 2 SHERIFF HIERHOLZER: If I may ask, where do they 3 file all that paperwork? 4 COMMISSIONER LETZ: They -- the way it ended up 5 last time we did it, we ended up with -- it was they kept a 6 copy and sent a copy over for us, so we have a copy. 7 SHERIFF HIERHOLZER: Because a lot of times we 8 get -- we'll get the calls, and immediately -- 9 COMMISSIONER LETZ: Yeah. 10 SHERIFF HIERHOLZER: And we don't have any 11 paperwork how they're supposed to be doing it or what they're 12 supposed -- or that they're truly a prescribed burn. We'll 13 call you and say, "Does this guy do prescribed burns?" He 14 says yes, and we're done. But it would be good for us to 15 have a copy of that file. 16 COMMISSIONER OEHLER: I thought they were supposed 17 to notify the Sheriff too if they were going to do -- 18 COMMISSIONER LETZ: They are. That's part of the 19 plan. 20 COMMISSIONER OEHLER: They're supposed to notify 21 you, too. 22 SHERIFF HIERHOLZER: All we get notified is just 23 somebody will call up and say -- 24 COMMISSIONER MOSER: "We're going to burn." 25 COMMISSIONER OEHLER: Well, that's notification. 1-4-13 42 1 SHERIFF HIERHOLZER: That's right. But it doesn't 2 -- you know, John Doe could call up and say, "We're doing a 3 prescribed burn," and we have no idea what it is or what his 4 requirements are. We have no paperwork to show that he's 5 really doing -- 6 JUDGE TINLEY: Well, as long as you know when and 7 where it is. 8 SHERIFF HIERHOLZER: There's a lot of rules on how 9 they do it, okay. You know, about putting out signs -- 10 JUDGE TINLEY: Are you going to go out and be a 11 referee on whether they're doing it right? 12 SHERIFF HIERHOLZER: 'Cause we get calls 13 constantly. 14 JUDGE TINLEY: That wasn't my question, Sheriff. 15 My question was, are you or your officers going to go out 16 there and tell those folks, "You're not doing this burn 17 right"? 18 SHERIFF HIERHOLZER: No. What I want to be able to 19 do is verify that this person is authorized to do one. When 20 somebody -- a rancher just calls us and says, "I'm doing a 21 prescribed burn," that may mean one thing to him, and he's 22 not really doing a prescribed burn; he's doing an illegal 23 burn, but yet we're ignoring it. 24 COMMISSIONER LETZ: I think -- I think there's a 25 value for you to have it. There's good value. 1-4-13 43 1 JUDGE TINLEY: We need to know that it's taking 2 place, sure. 3 COMMISSIONER LETZ: Right. But I think there's 4 also -- as an example, there's a big difference between a 5 prescribed burn -- that one I had called the other day was 6 for 15 acres, versus the Stowers Ranch burning 2,000. 7 SHERIFF HIERHOLZER: Yeah. 8 COMMISSIONER LETZ: So -- you know, so I think that 9 if he had the plans, he can see a little bit of smoke there, 10 but if he sees the Stowers Ranch, it looks like all of west 11 Kerr County's on fire. They're, you know, approved. I think 12 it's probably a good idea to get a copy to you, and you can 13 keep all of them. I'm sure Jody wouldn't mind. 14 SHERIFF HIERHOLZER: If we had files for all that, 15 I wouldn't have a problem at all keeping it. And it just 16 gives us a quick reference, yes, and this is who we contact 17 when we get calls or things like that. And it just makes it 18 a lot easier. 19 COMMISSIONER LETZ: It also would give the Sheriff 20 instant -- or phone numbers of all the neighbors if there is 21 a problem, you know, 'cause that's on the plan. So, why 22 don't we just plan on that? But I'll bring this back next 23 meeting so we can go over this process. 24 COMMISSIONER OEHLER: I think that's a good idea. 25 JUDGE TINLEY: And as part of the court order, we 1-4-13 44 1 can provide that the Sheriff be provided with a copy, or that 2 he be the repository. 3 SHERIFF HIERHOLZER: That's fine, too. I don't 4 want anything to do with who can or who can't or how; I just 5 would like a copy. 6 JUDGE TINLEY: I thought for a minute that you were 7 going to be the referee as to whether they were doing it 8 right. 9 SHERIFF HIERHOLZER: I want to know who can or who 10 can't. I just want to know that it's legit. 11 JUDGE TINLEY: Okay. We've got a motion and a 12 second for the new burn ban order. Any further question or 13 discussion? All in favor, signify by raising your right 14 hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: Motion carries. Let's go to Item 8, 19 which is on your addendum; to consider, discuss, take 20 appropriate action to approve right-of-way easement agreement 21 for Lazy Valley Road project, authorize County Judge to sign 22 same. 23 COMMISSIONER LETZ: We finally got the final 24 signatures of the last tracts, which we were always in 25 agreement with. It was just a matter of -- well, we finally 1-4-13 45 1 got them by Karen and I getting in my truck on the 28th of 2 December -- she's a notary -- and driving to Grande Ford and 3 to a business in north Austin to get signatures. So, we got 4 them. Here they are. 5 JUDGE TINLEY: You got comp time coming, then. 6 SHERIFF HIERHOLZER: His wife's going to furnish a 7 bill. 8 COMMISSIONER LETZ: I said we'd stop -- I said, 9 well, we'd maybe go shopping in Austin. 10 COMMISSIONER MOSER: That cost him. 11 JUDGE TINLEY: We ain't picking up that tab, Jon. 12 COMMISSIONER LETZ: Anyway, we have the -- I'll 13 make a motion to accept the right-of-way agreements and 14 authorize County Judge to sign same. I believe they're all 15 together. 16 COMMISSIONER OEHLER: Second. 17 JUDGE TINLEY: Motion made and seconded as 18 indicated. 19 COMMISSIONER OEHLER: I know about that sort of 20 thing. I think you and I have the only ones that have that 21 problem. 22 JUDGE TINLEY: Not on that one. The temporary 23 construction license is going to be where I probably have 24 to -- 25 COMMISSIONER LETZ: Oh, yeah. Okay. 1-4-13 46 1 JUDGE TINLEY: -- have to sign. 2 COMMISSIONER LETZ: Have to accept them. 3 JUDGE TINLEY: If it's even there. 4 COMMISSIONER LETZ: We just accept them. You don't 5 have to sign anything. 6 JUDGE TINLEY: That's right. 7 MR. HENNEKE: Accept and have them filed. 8 COMMISSIONER LETZ: Accept them and have them 9 filed. 10 JUDGE TINLEY: Yeah. 11 COMMISSIONER BALDWIN: These are documents that 12 we've had the County Attorney check on and we've approved? 13 COMMISSIONER LETZ: He wrote them. Yeah, it is 14 just a matter of we just haven't had them. We were waiting 15 to get these last two signatures. 16 COMMISSIONER OEHLER: That's your bridge project? 17 COMMISSIONER LETZ: Yeah. 18 MR. HENNEKE: Wasn't it a couple years ago we 19 started on this? 20 COMMISSIONER LETZ: That's what several of them 21 said. And I -- I'll get with you on a -- 22 COMMISSIONER BALDWIN: I think over 2 acres. How 23 much was it, total? 24 COMMISSIONER LETZ: Total? Point -- 25 COMMISSIONER BALDWIN: Not even an acre? 1-4-13 47 1 COMMISSIONER LETZ: Oh, no, not even a tenth of an 2 acre. Zero -- I think -- 3 COMMISSIONER OEHLER: .017 or something. 4 COMMISSIONER LETZ: Yeah, point zero -- about 0 -- 5 JUDGE TINLEY: .06. 6 COMMISSIONER LETZ: One of them covers .08. Yeah, 7 about .14. So, .14 acres. 8 COMMISSIONER OEHLER: We had one up the river on 9 Flaming Arrow that was smaller than that. It was just a 10 temporary construction easement. That was over a year. 11 COMMISSIONER LETZ: They're all -- they all brought 12 up that they thought they were going to get these documents 13 three years ago. I said, "Well, it took a while to get 14 them." 15 COMMISSIONER OEHLER: The County Attorney's not 16 moving too fast. (Laughter.) 17 COMMISSIONER LETZ: Yeah. It was blamed on TexDOT. 18 TexDOT said it had to wait. There was no reason to get them 19 until funding was in place. 20 COMMISSIONER OEHLER: It wasn't Rob; I assure you. 21 I just thought it would be fun to see the reaction I'd get 22 out of him. 23 JUDGE TINLEY: Well -- 24 COMMISSIONER OEHLER: I got one. 25 JUDGE TINLEY: Aren't we lively starting the new 1-4-13 48 1 year? Okay. 2 COMMISSIONER LETZ: We didn't vote. 3 JUDGE TINLEY: We got a motion and second? 4 THE CLERK: Yes. 5 JUDGE TINLEY: All right. Any further question or 6 discussion? All in favor, signify by raising your right 7 hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: Motion carried. Anyone else want to 12 throw anything out on the table for this here meeting? I'm 13 surprised, but having -- 14 COMMISSIONER MOSER: Jeannie does. 15 JUDGE TINLEY: Jeannie does? 16 MS. HARGIS: I have a bill. 17 JUDGE TINLEY: You have a bill? Excuse me. Glad I 18 asked. You have a bill to -- 19 COMMISSIONER OEHLER: Going to write a check for it 20 out of your account? 21 MS. HARGIS: Yes. 22 JUDGE TINLEY: -- Grantworks for 2,500 in 23 connection with the -- 24 MS. HARGIS: As long as I can use the one I've been 25 signing my name on. 1-4-13 49 1 JUDGE TINLEY: Which project is this in connection 2 with? 3 MS. HARGIS: That's in connection with the grant we 4 have for the septic systems. 5 JUDGE TINLEY: Kerrville South? 6 MS. HARGIS: Mm-hmm. 7 JUDGE TINLEY: Okay. 8 MS. HARGIS: Yes. 9 JUDGE TINLEY: Septic remediation, $2,500. Do I 10 hear a motion that that bill be approved? 11 COMMISSIONER MOSER: So moved. 12 COMMISSIONER BALDWIN: Second. 13 JUDGE TINLEY: Motion made and seconded for 14 approval. Question or discussion? All in favor, signify by 15 raising your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: Motion carries. Anything else, 20 Ms. Hargis? 21 MS. HARGIS: No, that's it. 22 JUDGE TINLEY: All right, thank you. Anything else 23 from anybody here? We are adjourned. 24 (Commissioners Court adjourned at 2:50 p.m.) 25 - - - - - - - - - - 1-4-13 50 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 7th day of January, 8 2013. 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 1-4-13