1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, January 28, 2013 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 January 28, 2013 2 PAGE --- Visitors' Input 4 3 --- Commissioners' Comments 9 4 1.14 Consider/discuss, take appropriate action to approve proposal from Peter Lewis to prepare 5 plans and bid specifications for Phase 2 of Hill Country Youth Exhibit Center 12, 6 118 1.1 Consider/discuss, take appropriate action to 7 accept preliminary alternate plat for Block 3 of Castlecomb Subdivision, Precinct 2 28 8 1.2 Consider/discuss, take appropriate action to 9 accept preliminary revision of plat for Lot 1-R, Block 2, Lot 3-R, Block 2, and Lot 6-R, Block 2 10 of Castlecomb Subdivision; set public hearings 39 11 1.5 Consider/discuss, take appropriate action for Court approval for Kerr County Road and Bridge 12 Department to go out for bid for one water truck 41 13 1.6 Consider/discuss, take appropriate action for Court approval for alternate plat for Verde Acres 44 14 1.7 Consider/discuss, take appropriate action to 15 accept & approve professional services engineering proposals from John M. Hewitt, PE, CFM; Michael 16 Wellborn, PE, CFM; and L. Wayne Wells, PE 46 17 1.10 Consider/discuss, take appropriate action regarding security enhancement at Center Point 18 School District, including creation of school resource officer through interlocal agreement 47 19 1.12 Consider/discuss, take appropriate action on 20 renewal of Dangerous Wild Animals permit for Hatari Safari 80 21 1.3 Consider/discuss, take appropriate action to 22 accept resignation of Linda Uecker as Law Librarian; consider/take action to appoint 23 Robbin Burlew as Law Librarian effective 2-1-13 97 24 1.4 Consider/discuss, take appropriate action regarding a proclamation to honor Kerr County 25 District Clerk Linda Uecker for her dedicated service to Kerr County 99 3 1 I N D E X (Continued) January 28, 2013 2 PAGE 1.8 Consider/discuss, take appropriate action to 3 accept 2012 Partial Exemption Racial Profiling report for Constable, Precinct 4 102 4 1.9 Consider/discuss, take appropriate action 5 regarding possible judicial redistricting to be presented to 2013 Texas Legislature and resolution 6 in support thereof to achieve more timely and effective disposition of cases in Kerr County 102 7 1.11 Consider/discuss, take appropriate action to fill 8 vacancy on Kerr Central Appraisal District Board of Directors due to resignation of Kirk Griffin 104 9 1.13 Consider/discuss, take appropriate action 10 regarding a resolution in support of South Texas counties in the Eagle Ford Shale play area 106 11 1.15 Consider/discuss, take appropriate action to 12 approve contracts for another year with AirLife and Air Evac by offering payroll deduction to 13 employees through county payroll system; allow County Judge to sign same 110 14 1.16 Consider/discuss, take appropriate action to 15 approve Human Resources county job description not previously approved by Commissioners Court 112 16 1.17 Consider/discuss, take appropriate action 17 regarding restructuring Position Schedule of Human Resources Department and modifying Step 18 and Grade of existing employee under new job description (Executive Session as needed) 116 19 4.1 Pay Bills 120 20 4.2 Budget Amendments --- 4.3 Late Bills 121 21 4.4 Approve and Accept Monthly Reports 124 22 5.1 Reports from Commissioners/Liaison Committee Assignments 125 23 5.2 Reports from Elected Officials/Department Heads 127 24 --- Adjourned 131 25 4 1 On Monday, January 28, 2013, at 9:00 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Let me call to order this regular 8 meeting of the Kerr County Commissioners Court posted and 9 scheduled for this date and time, Monday, January 28th, 2013, 10 at 9 a.m. It is that time now. Commissioner Oehler? 11 COMMISSIONER OEHLER: Stand for a word of prayer 12 and the pledge, please. 13 (Prayer and pledge of allegiance.) 14 JUDGE TINLEY: Thank you. Be seated, please. At 15 this time, if there's any member of the public or audience 16 that wishes to be heard on any matter that is not a listed 17 agenda item, this is your opportunity to come forward and 18 tell us what's on your mind. If you wish to be heard on an 19 agenda item, we would prefer that you fill out a 20 participation form. There should be some located at the rear 21 of the room. If not, why, just get my attention when we get 22 to that item, and I'll give you the opportunity. But right 23 now, if there's any member of the public that wishes to be 24 heard on a matter not listed on the agenda, come forward and 25 tell us what's on your mind. Ma'am? 1-28-13 5 1 MS. PARKER: Good morning, Judge Tinley, 2 Commissioners Baldwin, -- 3 JUDGE TINLEY: If you'll give us your name and 4 address, please? 5 MS. PARKER: Yes. My name is Jan Parker, 152 6 Bearskin Trail, Kerrville. Mr. Moser, Mr. Letz, Mr. Oehler, 7 I appreciate the few minutes to speak. And I notice this 8 wasn't an agenda item today. I know y'all have had much 9 discussion about the library and the County's involvement in 10 the library system, and I'm not speaking for myself at all. 11 I -- I have an income, and I could purchase books that I 12 wanted. I could purchase an electronic book, you know, where 13 you can get thousands -- like a Kindle, thousands of books 14 electronically. But I'm speaking for citizens in the county 15 that don't have much voice in this, I don't believe. They're 16 not aware that they need to have a voice, perhaps. I taught 17 nine years in the public school system here, and to me, 18 having a viable, exciting, good place to go for books and 19 videos and computer access is a part of educating our 20 citizens. And I know you are very involved with all the good 21 things of the county that people need, all the services, and 22 to me, this is still a very, very important service. 23 And I did want to respond to a couple things that 24 had been mentioned last time, that other counties or other 25 cities charge residents to use the library. So, I did some 1-28-13 6 1 research online, and found that the surrounding counties -- 2 Llano County does not charge residents, Kimble County does 3 not, Kendall County does not, Bandera County does not. And 4 most of those libraries that they do have are listed as 5 county libraries, so that means the county's in the library 6 business. So, my great hope is that -- and I know y'all have 7 just had these ongoing discussions with the City for years, 8 and it does seem very unfair that the County does not have a 9 say in how the library gets -- the city library is operated. 10 So, I'm hoping this means that maybe the County, at some 11 point, would really like to get into the library business and 12 offer what -- you know, wonderful library service for the 13 county residents. 14 The population of Kerr County, with the latest 15 census, is listed at about 50,000 people. And the city of 16 Kerrville is -- this was a -- this was a 2009 number, so 17 sorry I don't have that exact, was about 23,000 people in the 18 city of Kerrville. So, there are more residents actually in 19 the county than in the city, so I see that there could be a 20 great need for some good library service in other parts -- in 21 the county, rather than being operated by the -- you know, 22 having the city operation where you don't have any -- any say 23 over it. And I don't believe in being a person who complains 24 without wanting to be a part of the solution, so if the 25 County wants to get into that at some point, I would be happy 1-28-13 7 1 to volunteer my services to help with that. That may be a 2 pipe dream, but I hope not. 3 And there are -- there are many people struggling 4 in this county, and I know that you all know that, because 5 you're out there and have seen that. I know the Sheriff's 6 department sees that. And when I taught in the schools and 7 helped the D.A.R.E. officer in fifth grade with the D.A.R.E. 8 program, you know, we would say things like, "Do athletics, 9 don't do drugs." "Get out there, join the band; don't do 10 drugs." "Read a good book, don't do drugs." So, a library 11 is a good, safe place with wonderful things for young 12 families, for kids, for older adults who are on fixed 13 incomes, for our veterans, and I hate to see it as a service 14 being taken away from the county residents. And I thank you 15 very much for your time. 16 JUDGE TINLEY: Thank you, ma'am. 17 COMMISSIONER MOSER: Thank you. 18 SHERIFF HIERHOLZER: Well, this is more just 19 information, just so that y'all can understand a few things. 20 There was a -- a very well-attended Second Amendment rights 21 and that meeting last week; it had between 400 and 500 people 22 there, and myself and the Police Chief and D.P.S. sergeant 23 were in attendance to give our feelings and express our deal. 24 And I gave about a 10-minute speech, which everybody can have 25 a copy of if they want. But never in my 32 years of being in 1-28-13 8 1 law enforcement have I been so misquoted, and not -- 2 clarification, totally misquoted by our Kerrville Daily 3 Times. If you looked at it this weekend, you saw where 4 Sheriff promises federal lawsuit on, you know, crackdown on 5 guns. I believe any of those 500 people in attendance will 6 tell you exactly what I said, and evidently that newspaper 7 reporter and I were in two different meetings, but I don't 8 appreciate it. 9 And I think y'all need to know what I said, which 10 was that we can't control, I don't feel, whether or not 11 they -- they crack down on the type of weapons. In fact, the 12 quote out of my first part was this amendment does not state 13 what kind of arms or how many bullets those arms can shoot. 14 You see, we have already put limits on that at times, and 15 even who can possess them, such as felons, on when they can 16 and can't possess arms. I was asked a question about what I 17 would do if the federal government came in this county and 18 started going door-to-door confiscating our weapons, and I 19 answered that I would attempt to get an injunction and I 20 would go to the A.G., and we would start a legal process 21 taking the federal government to court over that. This was 22 not a misquote by me. It was not something that needs a 23 clarification. It is an out and out misfabrication of what 24 was said. And I don't know where that young reporter was, 25 but he wasn't in that meeting. And in all the years, 1-28-13 9 1 something that could entice the public -- and as soon as -- 2 if there is an assault weapons ban, y'all are going to be 3 getting calls; I'm going to be getting calls on where that 4 federal lawsuit is. That's not what I said. And I just 5 think y'all, as Commissioners of this county, and Judge need 6 to know the truth directly from me, because evidently we sure 7 can't trust what's in the paper, can we? 8 JUDGE TINLEY: Thank you, Sheriff. Any other 9 member of the public that wishes to be heard on a matter 10 which is not a listed agenda item? Okay, we'll move on. 11 Commissioner Oehler, what do you have for us this morning? 12 COMMISSIONER OEHLER: Nothing, thanks. 13 JUDGE TINLEY: Commissioner Baldwin? 14 COMMISSIONER BALDWIN: Rusty's a little nervous 15 this morning, isn't he? 16 SHERIFF HIERHOLZER: Just a little mad. 17 COMMISSIONER BALDWIN: February 11th at 1:30, we're 18 having a workshop in here on Open Meetings Act, and I think 19 those films that the County Attorney was referring to that 20 we're going to use, I think they're about right at one hour 21 long, so we're just going to do one. We're just going do the 22 open -- Open Meetings, and then he can make reference to 23 them, where to find them online, if -- if we want to go 24 further into it and look at the Open Records Act, that it's 25 available individually. And I think we've had some folks 1-28-13 10 1 call back in. I think you're going to have some people from 2 around the county, different organizations that are going to 3 be here for that. And we'll -- I do want to do more than 4 one, though. And I'd like to do the burn ban later on, 5 'cause I can tell you, there is some -- there's some 6 confusion about that thing. So, that's all, Judge. Thank 7 you. 8 JUDGE TINLEY: You've invited other local 9 government organizations? 10 COMMISSIONER BALDWIN: Yes, sir. 11 JUDGE TINLEY: Nonprofits that are -- that are 12 governed by -- 13 COMMISSIONER BALDWIN: Yes, sir. 14 JUDGE TINLEY: -- Open Meetings? 15 COMMISSIONER BALDWIN: All that we could think of. 16 We invited everybody. 17 JUDGE TINLEY: Okay, good. Commissioner Moser? 18 COMMISSIONER MOSER: Let's see. We had a town hall 19 meeting in Center Point to discuss the wastewater system, 20 what the status is, what the plan is, what the schedule is. 21 Good turnout. I think we had about 65 people there. There 22 was a lot of enthusiasm, a lot of questions. The important 23 thing there, we all decided, is to keep the thing moving as 24 aggressively and as fast as we can, item one. Item two, I 25 continue to get a lot of correspondence, and like Ms. Parks 1-28-13 11 1 said, about the library. I was going to have that on the 2 agenda this morning, but I'm not -- I'm still working some 3 other options on funding for that, so that's in work. 4 JUDGE TINLEY: Is that it? 5 COMMISSIONER MOSER: That's it. 6 JUDGE TINLEY: Commissioner Letz? 7 COMMISSIONER LETZ: Likewise, I was at the meeting 8 in Center Point. It was a good meeting. I think everything 9 is still very positive about the whole plan, and the 10 community liked getting the update. I also was at the 11 U.G.R.A. board meeting where I kind of went over some of the 12 grants that we've been working on and water issues, Region J. 13 I go over there periodically; they asked me to come by, with 14 new board members coming on, to kind of go over the -- I 15 guess the relationship between U.G.R.A. and the county. We 16 work together on a lot of projects, to kind of go over some 17 of those things. And the last thing I want to touch on 18 briefly is the burn ban, and those that watch those things 19 realize that I'm the only precinct that doesn't have a burn 20 ban on. I think I need to, you know, explain my logic a 21 little bit. I will put it on today at 5 o'clock; we have 22 strong north winds coming in tomorrow at 30 miles an hour. 23 But I'm looking at the Keech-Byrum Index right now, and we're 24 in green. We are not in a drought situation, surface 25 moisture wise. Deep ground water, we are. And I think that 1-28-13 12 1 it's a -- you know, this is my philosophy. I will put the 2 burn ban on when we are in a really bad situation, but 3 there's -- state law prohibits people from burning in 4 situations that cause fires. I think we need to have some 5 common sense with our public. That's why I don't -- I'm not 6 as anxious as others to put it on, but that's kind of my 7 explanation. But just because there's no burn ban at the 8 time doesn't mean people can go out and burn whenever they 9 want. They still have to follow the law. And people do -- 10 this time of year, there's a lot of agricultural burns that 11 need to be done. A lot of those are exempt; a lot of them 12 are in a gray area. And it's just kind of my logic on why I 13 tend to be less anxious to put the burn barn on than some 14 others. But it's going on at 5 o'clock today, Jody. That's 15 it. 16 JUDGE TINLEY: Okay. We have -- we are in the 17 process of advertising for requests for proposals -- bids, as 18 it were -- for the 198th District Attorney's finish-out at 19 the Sheriff's Office annex, so that is proceeding forward, 20 and hopefully we'll have that on the agenda soon when those 21 are due to be back in. I've -- I've been asked, because of 22 scheduling difficulties, to bring up Item 14. Mr. Lewis has 23 some commitments he needs to attend to earlier this morning, 24 so I'm going to call Item 14; to consider, discuss, take 25 appropriate action to approve proposal from Peter Lewis to 1-28-13 13 1 prepare plans and bid specifications for Phase 2 of the Hill 2 Country Youth Exhibit Center. Commissioner Oehler? 3 COMMISSIONER OEHLER: Oh, I'll just turn it over to 4 Mr. Lewis to give us his -- he gave us a proposal; we all 5 have it in front of us, to do what has been asked on the 6 agenda for Phase 2 of the project as shown for the Youth 7 Exhibition Center. 8 MR. LEWIS: Morning, Judge, Commissioners. Thank 9 you for the opportunity to be here and present the proposal, 10 and appreciate the continuing opportunity to be of service to 11 this Commissioners Court and citizens of Kerr County. What 12 you do have in front of you is a four-page proposal with an 13 exhibit at the back. That is a conceptual drawing of the 14 planned event hall. The proposal is structured in two 15 phases. But, briefly, it envisions a 28,000 square foot 16 hall, similar in construction -- or identical in construction 17 to the show barn. It would include connection to the 18 existing rainwater system that is out there now, which as we 19 look at it, may actually need to be expanded, but the 20 structural design is the same. We do intend to -- we intend 21 to try to use the existing concrete foundation there, but our 22 work also includes drawings that direct demolition of the 23 existing exostructure. The -- the event hall will also 24 include an extension of the automatic fire suppression 25 system, and so the first phase is that shell building. 1-28-13 14 1 The second phase is the finish-out. And we've 2 structured it this way at the request of -- a month or so 3 ago, or two months ago, of Commissioner Oehler, to -- subject 4 to the availability of funds, that as those funds are 5 available, you might be able to just do the shell building, 6 and then later on do the finish-out. But the finish-out 7 would be as indicated, and it would represent what is -- 8 generally, what is shown on the conceptual floor plan that is 9 attached. But you can see that the elements there, there's 10 the -- the meeting and serving areas, the large meeting 11 rooms. The event hall will be able to be divided into two 12 smaller spaces, so events can go on on each side. Each will 13 be supported by restrooms and catering support and 14 mechanical/electrical systems, of course, to support that. 15 The services we would provide would be identical to 16 the services we provided on the show barn. We would meet 17 with Commissioners and County representatives as appropriate 18 to actually develop that concept floor plan a little further. 19 And what the exterior of the building would look like, we 20 have an opportunity to, at the entry facing the highway, to 21 do something that's inviting to the public. Our drawings 22 would be a full set of construction documents that would 23 comply with all existing codes, 2006 International Building 24 Code series. The building, of course, would be accessible to 25 all; it would comply with A.D.A. and Texas Accessibility 1-28-13 15 1 Standards. We would assist the County in soliciting and 2 accepting bids on behalf of Commissioners. We would also be 3 involved during the administration of the construction 4 contract once the contractor has been selected, and as we 5 have done on the show barn, work with that contractor and 6 with Commissioners during the construction phase as -- as it 7 progresses, and as we anticipate or as we encounter the need 8 for change, whether it's discretionary or a function of 9 existing conditions or whatever. 10 The -- we have structured it -- on Page 2, we've 11 got each phase broken down into two sections, construction 12 documents and contract administration. I spoke with 13 Commissioner Oehler this morning, and this is our proposal, 14 to do it in two phases. If funding is available to execute 15 in a single phase, that we could find economy of service, 16 certainly find economies in the technical documents we would 17 produce, but we wouldn't have to do it two times. And if 18 it's the Commissioners Court's will, we would -- and we're 19 asked to do so, we would go back to our consultants and our 20 design team and come back to you in two weeks with a revised 21 proposal to do it in a single phase. So -- and I will -- on 22 the third page, there are some reimbursable expenses that are 23 itemized in addition to the printing and mileage, et cetera. 24 But an environmental survey of the building, materials 25 advertising during construction, and -- and then a third 1-28-13 16 1 category for miscellaneous reimbursable expenses, which 2 captures everything else. But all of those are estimates. 3 We do have a geotechnical engineer's report for foundation 4 design that was done for the show barn that we will use, so 5 we will not need to solicit another of those for the 6 construction of the event hall. And I'm open to any 7 questions, suggestions, recommendations. 8 COMMISSIONER BALDWIN: I don't have -- I don't have 9 a question, but I have a comment. Been thinking about this 10 quite a bit, and I'm not -- I'm not opposed to this thing in 11 any way. I'm excited about it. However, in my mind, I think 12 we possibly have our priorities a little bit out of line. At 13 the stock show, I stand there and talk about goats all day 14 long, and look around that particular building, the indoor 15 arena, and it just seems to me that that facility needs 16 attention. And I'm not saying we need to put it above this 17 particular item, but I just -- I just -- I'm almost saying 18 that. I just think that we -- we may be getting a little bit 19 out of line. It's just my opinion. I think we're -- the 20 indoor arena, I mean, that thing -- it's not going to fall 21 down, but it sure is ugly. You know, I need to go get shots 22 before I go in there. And so that's about all I want to say. 23 COMMISSIONER MOSER: I've got a comment that I'd 24 like to follow up what Buster's saying, and I said it two 25 weeks ago. I don't see the need for us to rush into this. 1-28-13 17 1 There isn't a pressing event that I know of that says go do 2 this. We haven't looked at it. I think the public -- if you 3 ask the public, they'd say, "Let's understand it a little bit 4 better." I don't have any problem with Mr. Lewis. I've 5 known Mr. Lewis for 15 years; he's done fantastic work. I 6 just question the timing on doing this. And to follow up 7 with Buster, are there other things out there that we need to 8 do -- and I put this in a "nice to have" category, and I want 9 to emphasize that. This thing is a "nice to have." We've 10 got something out there. It's ugly. The other thing is 11 ugly. We probably need to do something. We've got limited 12 resources. We've got reserves that are going down this year. 13 I think we need to clearly understand what we need exactly. 14 We need to have a lot of input. 15 We've got a lot of good input from the junior 16 livestock show. I think that's fantastic. I think there's 17 some other people that have input. We do not have any input 18 from K.E.D.C., which is willing to study it, so -- and 19 there's also some other potential for funding of this that I 20 think could be there, but there has to be some facts to go 21 along with it. And I think if we get those facts and we take 22 this thing in an orderly way and put it in -- in some order 23 with other things that we need to do, I'd be much happier 24 with it. So, I don't think my dialogue here is going to 25 change anything, but I want to be on record as saying I think 1-28-13 18 1 we need to hold off on this right now. 2 COMMISSIONER BALDWIN: Or at least have a workshop 3 and sit down and talk about it. 4 COMMISSIONER MOSER: There you go. Precisely. I'd 5 love to do that. I think we do need to have a workshop. 6 COMMISSIONER LETZ: That's something I can support, 7 is a workshop on it. I think the -- you know, I agree with 8 some of what y'all both said. I also -- you know, this -- 9 the current plan that we're working off of is one that 10 there's fairly limited input into; Commissioner Oehler and 11 myself, Peter Lewis and the Stock Show Association, which 12 were the bigger components into it. I think it is worthwhile 13 to listen to some others. I would -- especially Extension 14 Office, talk a little bit with Roy Walston. He hasn't said 15 it's not -- doesn't meet his needs totally, but I'd like to 16 talk to him a little bit. I think that a workshop -- you 17 know, and I don't want to draw this out, 'cause I think we 18 need to get moving on it. But a workshop would bring in 19 other -- any parties that want to come really and discuss it, 20 give us input. You know, and I'm sure there's some questions 21 of exactly, you know, how many -- in the drawing we have, 22 what that number -- how many people could have a sit-down 23 meal. 24 I mean, just -- I mean, and these numbers, I think, 25 are probably in there, but just so that we can kind of air 1-28-13 19 1 that a little bit, that kind of thing. Look at, you know, do 2 we need any more break-out rooms for a smaller space? Is 3 there a way to configure that with temporary walls and still 4 maintain the big space? Things like that, just tweaking what 5 I think is a very good design. Look at storage again. I 6 think that it's something we need to -- we've added -- when 7 we were at our meeting, we -- or Bruce and I, Peter, we added 8 quite a bit of storage that we realized we needed, but really 9 look at the storage. Is it where we need it? And some of 10 those fine-tuning items before we start doing the final plan. 11 And then a plan would come up after the workshop, in my mind, 12 which I'm looking at maybe within a month, kick off a plan, 13 you know, is how I would like to go forward. But I also do 14 agree with Buster that, you know, I'd like to get a handle on 15 what the cost is, and the indoor arena, you know, and some 16 feedback from those that use it the most. A lot of -- our 17 Maintenance Department and also stock show, they use it a 18 lot. Those are the groups. You know, it appears to me that 19 the insulation is in bad shape. 20 COMMISSIONER OEHLER: The roof. 21 COMMISSIONER LETZ: The roof has some problems, 22 but -- you know, there's some leaks in it, but it doesn't 23 look that bad. I mean, it's -- the insulation is the biggest 24 thing. The sound system, I think that from everything -- 25 reports I've heard from the new show barn, the system was a 1-28-13 20 1 good system, and we could proceed with that, but there's no 2 reason to put it up if we're going to do some other work 3 right away. Those are the kinds of -- you know, I'd like to 4 look at that facility, and then look at the -- kind of an 5 idea what the cost is for that facility so we can -- 'cause 6 it's a package deal. I don't want to, you know, think we're 7 finishing -- or finish the project, but then we're building 8 the next building, and no, we have another 200,000 we got to 9 come up with. I would like to have a final plan, and I think 10 a workshop's the way to do it. I think we can probably 11 handle it in one workshop. 12 Hopefully, you know, if we need a proposal for 13 Mr. Lewis to kind of -- I think he needs to kind of, in my 14 mind, conduct the workshop, or coordinate the workshop. And 15 whatever that fee is, I'm fine with that. And try to get -- 16 you know, and I don't know of a time -- you know, I'm not a 17 big fan of evening meetings, but if it has to be in the 18 evening, that's fine too. I mean, I'd rather do it in the 19 afternoon sometime, but I think we definitely do need to 20 get -- you know, like, the Extension Office needs to be 21 represented there. If K.E.D.C. wants to come, Stock Show 22 Association, those are the big -- to me, the big -- you know, 23 the potential users. And, clearly, our Maintenance 24 Department needs to be, you know, at the meeting. We get 25 input from them on a regular basis. But, you know, things 1-28-13 21 1 like that. 2 COMMISSIONER MOSER: Yeah. 3 COMMISSIONER OEHLER: I agree. If you want to set 4 a workshop, let's do it, but I don't want it to drag out too 5 long. 6 COMMISSIONER LETZ: I agree. 7 COMMISSIONER OEHLER: I mean, we're -- you know, 8 Commissioner Moser might think that there hasn't been 9 anything done on this, but it's been talked about for 20 10 years. 11 COMMISSIONER MOSER: Well, I -- 12 COMMISSIONER OEHLER: Let me talk first; I didn't 13 say a word when you were talking. You know, but it's been -- 14 a lot of things have happened, and the events are starting to 15 grow. We're getting -- we get more interest as -- we have 16 more interest now because of the new barn we built, and I 17 just -- I don't want to see this thing put on hold if we can 18 go forward, and I think we can. And I'd sure hate to hold it 19 up too long, because the stock show's been out beating the 20 bushes trying to raise some money. There's been some money 21 already raised. There's been a designation that the funds 22 from the charity ball will go to them. And if we stop this 23 thing now, what's that say to the people that are willing to 24 give? And you have a different source than what, you know, 25 we might have, and that source is not going to be able to do 1-28-13 22 1 anything for you; I think we all know that. 2 So, you know, I just don't want the public to get 3 the wrong impression that -- that, "Oh, we shouldn't give 4 anything, because they're holding it up." "Oh, they're not 5 going to really finish. We were told for years this is going 6 to happen, and it just finally happened." And if we stop the 7 process, I think that's wrong, too. So I don't -- I don't 8 mind doing this for -- you know, within 30 days or something. 9 We need to make a decision on that by that time. If we 10 can't, then we, I believe, have done the wrong thing. 11 JUDGE TINLEY: Commissioner, I think it would be 12 well for us to try and go ahead and get a workshop date 13 established, somewhere around maybe the middle of February, 14 enough to give notice to all the potential stakeholders, 15 interested parties, to make arrangements to appear to let 16 their thoughts be known. But like you, I don't want to lose 17 the momentum. You talk about it's been talked about for 20 18 years. Back in 2008, we -- we sat down and did a rather 19 comprehensive and elaborate master plan for that whole -- 20 COMMISSIONER OEHLER: Mm-hmm. 21 JUDGE TINLEY: -- that whole property out there, 22 including Flat Rock Park, all of the elements that are 23 included out there, and I think it's particularly important. 24 We're seeing more interest now in the property as a result of 25 Louise Hays being closed for a year-plus, and I -- the folks 1-28-13 23 1 that -- that are in the process of trying to find places to 2 have these events have told us for a number of years now that 3 they could handle larger events if they had a place to do it. 4 And this, of course, is something that would -- would allow 5 for that. So, like you, I don't want to slow the process 6 down. I think we've got some excellent momentum here. We've 7 got a high degree of interest in the Convention and Visitors 8 Bureau. 9 Now, we've heard the issue about, well, will it 10 cash flow? That's not the issue. The issue is, what benefit 11 does it bring to the community? That's where the real 12 benefit comes from the utilization of a facility such as 13 this. You have visitors coming to our town. They're -- 14 they're enhancing our economy. They're circulating their 15 dollars in our -- in our community in terms of lodging, food, 16 retail sales, and -- and it's a great benefit to the 17 community. That's -- that's the benefit that it brings, and 18 your E.D. people will certainly confirm that. And there are 19 ways they can do their studies, and we need to move it 20 forward. With regard to the indoor arena, I think as part of 21 the study, we estimated that at that time in late '08, which 22 I think was a time when construction costs were still fairly 23 high locally -- was it between $800,000 and $900,000 to do 24 the upgrade there? 25 COMMISSIONER OEHLER: That's correct. 1-28-13 24 1 JUDGE TINLEY: And eventually that will have to be 2 done. 3 COMMISSIONER OEHLER: Yes, it needs to be done. 4 JUDGE TINLEY: But, you know, how we do it to 5 benefit the community and the events that are going to occur 6 down there in the youth community is something this Court's 7 going to have to decide. So, yeah, let's do a workshop. 8 Let's set it for somewhere around mid-February, and let's 9 give everybody an opportunity to be here, and let's move this 10 thing forward. 11 COMMISSIONER OEHLER: I'm for it. Let's go. 12 JUDGE TINLEY: Let's get all the input we need in 13 order to make sure we've got -- 14 COMMISSIONER OEHLER: Do all we can, maybe we can 15 get it done. 16 COMMISSIONER BALDWIN: Judge, we have our workshop 17 on February 11th at 1:30 in the afternoon, and we will be out 18 of here from that thing about 3:00. Now, that's -- 19 JUDGE TINLEY: Are you suggesting that maybe we 20 just follow on at 3 o'clock? 21 COMMISSIONER BALDWIN: That's what I was 22 suggesting, but it's going to interfere with your juvenile 23 court. 24 JUDGE TINLEY: Well -- 25 COMMISSIONER BALDWIN: I mean, I don't have a 1-28-13 25 1 problem doing that. 2 JUDGE TINLEY: You know -- 3 COMMISSIONER BALDWIN: But we're all here. 4 JUDGE TINLEY: I'll bet you I can figure out a way 5 to move that around, if I got to do it early in the morning 6 or late in the evening. 7 COMMISSIONER BALDWIN: So, February 11, 3 o'clock. 8 JUDGE TINLEY: 3 o'clock? 9 COMMISSIONER BALDWIN: Yeah, that would be great. 10 COMMISSIONER LETZ: Judge, Mr. Reeves, I believe, 11 has a comment he'd like to make. 12 JUDGE TINLEY: Mr. Reeves? 13 MR. REEVES: As far as the date, that's going to be 14 right -- trying to get Mr. Walston and a few others who would 15 be involved from the ag industry are going to be on the road 16 in San Antonio during that time frame. I would suggest 17 earlier than waiting till February. You know, perhaps -- I 18 know February starts Friday, but perhaps next week, if 19 possible, for people like Mr. Walston, and some of them from 20 the Extension Office may not be able to be there because 21 they'll be on the road with their 4-H kids. 22 COMMISSIONER BALDWIN: That's a good point. 23 JUDGE TINLEY: Early in the week? Or -- 24 COMMISSIONER MOSER: Or we could wait till the week 25 after. 1-28-13 26 1 MR. REEVES: I don't want to wait for the week 2 after. 3 COMMISSIONER MOSER: I think there's a lot of other 4 people that need to have an input to this, too. 5 MR. REEVES: With all due respect, we've got grant 6 committees coming up, and like Commissioner Oehler said, we 7 need to keep moving forward. We've had more positive impact, 8 but -- 9 JUDGE TINLEY: I want to give the other persons who 10 have an interest an opportunity, advance notice so that they 11 can clear their schedules as need be to -- to be here. 12 COMMISSIONER LETZ: A week should be sufficient, or 13 10 days. I mean, next Wednesday would be 10 days notice. 14 COMMISSIONER BALDWIN: That's the 6th. It'll have 15 to be in the afternoon. So that's -- Wednesday is fine with 16 me. 17 COMMISSIONER LETZ: Doesn't make any difference 18 what day of the week. 19 COMMISSIONER OEHLER: But they'll have San Antonio; 20 then we've got Houston, -- 21 COMMISSIONER LETZ: San Angelo. 22 COMMISSIONER OEHLER: -- San Angelo, so they're 23 going to be gone to those places; they're not going to be 24 here. 25 JUDGE TINLEY: Well, I guess my question is, during 1-28-13 27 1 the early part of the week, are they involved in those shows, 2 or last part of the week? What's their degree of 3 involvement? 4 COMMISSIONER LETZ: They're gone the whole time 5 once the show starts. When does San Antonio start? 6 MR. REEVES: The 6th is when it officially starts. 7 I haven't seen the schedule. But, like, the breeding sheep, 8 the goats, the heifers are at one time. Then the market 9 department starts, and it's like a three-week show, and two 10 of the weeks are market. Now, the lambs and goats are there 11 at one time, the cattle, then the market swine. San Angelo 12 starts like the weekend that San Antonio ends, and they start 13 overlapping. 14 COMMISSIONER LETZ: Judge, why don't we let Jody 15 call the Extension office and see -- Mr. Walston's the main 16 one, I think, from that group. See if he can be here either 17 Tuesday or Wednesday next week. Wednesday, preferably. 18 COMMISSIONER MOSER: And see if K.E.D.C. can be 19 here. 20 JUDGE TINLEY: Yeah, Jonas can be here. 21 COMMISSIONER LETZ: They're pretty flexible. 22 JUDGE TINLEY: Mm-hmm. Charlie and Jonas can be 23 here, I'm sure. 24 COMMISSIONER MOSER: Yeah. 25 COMMISSIONER BALDWIN: Sounds like Tuesday is going 1-28-13 28 1 to be better. 2 COMMISSIONER LETZ: The 5th? That's fine. 3 COMMISSIONER BALDWIN: They're already starting in 4 San Antonio on Wednesday. 5 COMMISSIONER LETZ: Right after San Antonio, they 6 go straight to San Angelo, then Houston, so it's kind of one 7 -- I mean -- 8 MR. REEVES: He may be in Fort Worth right now; I'm 9 not sure. 10 JUDGE TINLEY: Okay. Want to come back to that? 11 COMMISSIONER LETZ: To set that date? 12 JUDGE TINLEY: Yeah. Let's come back to that in a 13 little bit. Mr. Lewis, I think it probably goes without 14 saying, the consensus seems to be that we're not going to 15 make any decision on your proposal today, so you can get on 16 with your rat killing. 17 MR. LEWIS: Thank you. I appreciate the courtesy 18 of putting me in the front of the agenda today, and 19 appreciate the opportunity to visit with y'all. And I will 20 be in communication with Commissioner Oehler. 21 JUDGE TINLEY: Okay. 22 MR. LEWIS: Thanks. 23 JUDGE TINLEY: Let's go back to Item 1, a 9 o'clock 24 timed item; to consider, discuss, take appropriate action to 25 accept the preliminary alternate plat for Block 3 of 1-28-13 29 1 Castlecomb Subdivision, Abstract A0114, Crook Survey 71 -- 2 good gracious alive, what's all that other language on there? 3 MR. ODOM: I thought I was the only one that -- 4 JUDGE TINLEY: Looks like out of a 56.83-acre 5 tract, and it may be a 22.52-acre tract located in Precinct 6 2. We've got a plat on it, so let's take a look. 7 MR. ODOM: All right, sir, thank you. Lots 1, 2, 8 and 3 of Block 3 of Castlecomb Subdivision is part of 9 unplatted land. These three lots were added quite a few 10 years back and never went through the platting process. 11 Original Castlecomb Subdivision was done in May of '86, and 12 was done by the City of Kerrville, since it was in the ETJ, 13 and the County and the City had an interlocal agreement at 14 the time. The water system in the original Castlecomb 15 Subdivision only allows for 35 lots to be serviced. With the 16 additional three lots, the water system would need to be 17 upgraded through the T.C.E.Q., and would be quite costly. In 18 order to correct this situation, Lee Voelkel has taken six 19 lots in the original subdivision and made them into three 20 lots to allow for the addition of the three newer lots. 21 T.C.E.Q. has said as long as they keep the development within 22 the maximum of 35 lots, they would be -- come into 23 compliance. Since this is unplatted land, we will not hold a 24 public hearing and proceed to final once the final plat is 25 ready. So, at this time, we ask the Court to accept the 1-28-13 30 1 preliminary alternate plat for Block 3 of Castlecomb 2 Subdivision, Abstract A0114, through Crook Survey 71 out of 3 56.83 acres, and Block 3 contains three improvements only of 4 22.52 acres, Precinct 2. 5 COMMISSIONER BALDWIN: So, when you bring the -- 6 the three lots in -- no, you're bringing in six lots and 7 making three out of them, right? 8 MR. ODOM: Right. 9 COMMISSIONER BALDWIN: Is there -- will there be an 10 opportunity later on for them to come back and build on those 11 lots? 12 MR. HENNEKE: Which ones? The six -- Commissioner, 13 this is related to some ongoing litigation which I've 14 discussed with the Court. The six -- six existing lots 15 within the existing platted subdivision are going to be 16 combined into three lots, so of those six, you could only 17 then have three houses, whereas you could have six here 18 today. 19 COMMISSIONER BALDWIN: So you can't build on them? 20 COMMISSIONER LETZ: Yeah. 21 MR. ODOM: You couldn't. You'd have to come to 22 y'all, and then we would say no because the water -- it's 23 water availability. 24 COMMISSIONER LETZ: You can build three houses. 25 COMMISSIONER MOSER: You can build three, but you 1-28-13 31 1 can't build six. 2 MR. ODOM: You can build three, but you can't build 3 six. 4 COMMISSIONER BALDWIN: Well, there's already three. 5 MR. HENNEKE: And then the new subdivision will be 6 actually formally platting and subdividing where the three 7 houses currently already exist, but on an unsubdivided tract 8 of land. 9 COMMISSIONER MOSER: If they tried to do anything 10 different, they'd have to come back for replatting. 11 MR. ODOM: That's right. 12 COMMISSIONER MOSER: So, you got the stick on that. 13 MR. ODOM: You've got to say that's all right, and 14 water availability is not there. There is a water main, and 15 the City of Kerrville can tie them into it. They can annex 16 them. But, you know, unless they go to 5 acres and -- 5-plus 17 acres, and then they have individual wells. But that's 18 another -- the next item takes care of those three lots and 19 all. 20 COMMISSIONER LETZ: There are -- so the six lots 21 that are going to three, there's houses -- there's three 22 houses on those? 23 MR. HENNEKE: My -- those six lots are just empty. 24 COMMISSIONER LETZ: Empty lots? 25 COMMISSIONER BALDWIN: Oh, there's not three homes 1-28-13 32 1 already there? Lee, is there three homes already there? 2 MR. VOELKEL: Let me clarify here. Are we talking 3 about -- 4 COMMISSIONER BALDWIN: I appreciate that. 5 MR. VOELKEL: -- the preliminary plat that's here? 6 Or are we talking about the replats? 7 MR. ODOM: No, the preliminary. 8 MR. VOELKEL: The preliminary plat that's this 9 agenda item, there are three existing houses that are already 10 there. They're tied into the water and the sewer system, so 11 they have been added without the benefit of a plat. And 12 that's kind of why we're here today, is to present a plat. 13 The three replats that we're doing will combine six lots and 14 make three lots outs of those six. 15 COMMISSIONER BALDWIN: Okay. Those right there, 16 are there already homes on those? 17 MR. VOELKEL: On two of the replats, there are 18 already homes on the lots, one house on two lots. 19 COMMISSIONER BALDWIN: Okay. So there would be an 20 opportunity later on to come back and build on those lots -- 21 build new homes on those lots? 22 MR. VOELKEL: Not the replatted lots, no, sir, 23 'cause once we replat it, those -- that additional lot goes 24 away, so there's only going to be one lot with one house. 25 MR. ODOM: And then if there was any changes, 1-28-13 33 1 they'd have to come back to the Court. 2 COMMISSIONER MOSER: So, let me ask one other 3 question, too. The -- this is all about the cluster sewer 4 system, right? 5 MR. ODOM: That's right. 6 COMMISSIONER MOSER: And it has the capability for 7 35; is that correct? 8 MR. ODOM: Water availability. 9 COMMISSIONER MOSER: Huh? 10 MR. ODOM: Water availability is -- the water 11 system is what we're talking about. 12 COMMISSIONER MOSER: Yeah, cluster system. Correct 13 me here. 14 COMMISSIONER BALDWIN: Yes, that is correct. 15 COMMISSIONER MOSER: There's a capability of 35 or 16 something like that. What we're doing -- 17 MR. HENNEKE: But there's no net impact to the 18 system. 19 COMMISSIONER MOSER: Right. That's the bottom 20 line, is the system was designed for 35, or whatever the 21 number is. This sets it up so that that is not exceeded, 22 correct? 23 MR. ODOM: That's right. 24 MR. VOELKEL: That's correct. 25 COMMISSIONER MOSER: That's the important point, 1-28-13 34 1 okay. 2 COMMISSIONER BALDWIN: That is the important part. 3 You know, this whole thing of lot size -- 4 COMMISSIONER MOSER: Right. 5 COMMISSIONER BALDWIN: -- and everything else that 6 we do with subdivisions is based on your septic system. 7 COMMISSIONER MOSER: Sure, right. 8 COMMISSIONER BALDWIN: You know, and if there's 9 going to be an opportunity to come back and add another house 10 later on, we're not going to get into that, because this is a 11 second-rate sewer system to begin with. This -- let's see. 12 The letter from Mr. Henneke -- I'm having a hard time 13 following y'all's letters back and forth here -- to Jonathan 14 somebody, this agreement, it says, "My expectation is that 15 while this agreement..." What agreement are you referring to 16 there? 17 MR. HENNEKE: This is a preliminary plat approval, 18 and it's in connection with a settlement agreement that's 19 been reached with the pending litigation between the 20 developer's successor and the Texas Commission on 21 Environmental Quality. When -- assuming that this matter is 22 preliminarily approved, which I recommend, and which meets 23 all of our subdivision rules and regulations without 24 requiring any kind of variance or waiver, then when we have 25 the final plat approval and replat approval in March, at the 1-28-13 35 1 same time, then we will have the settlement agreement -- or 2 actually the agreed final judgment presented to the 3 Commissioners Court for approval that ends in a final 4 judgment pending litigation, and confirms that this resolves 5 the controversy and that the developer can't ever in the 6 future go outside of the geographic boundaries of the 7 subdivision in adding additional houses to the existing 8 cluster septic system. So, this is the preliminary; we have 9 to do the final. But before you approve anything final, 10 Commissioner Baldwin, it's got to come back in March, and it 11 will come back with the agreed final judgment that has all 12 the terms and conditions that I've already visited with the 13 Court regarding. 14 COMMISSIONER BALDWIN: Okay. And then a letter 15 from Mr. Cluck to you, it says -- I think it's the one that 16 you responded to here. I think that's the way this thing 17 works. It talks about the next step. Is that what you're 18 referring to now in March? 19 MR. HENNEKE: That's what we're doing now, yes, 20 sir. 21 MR. ODOM: And then -- 22 MR. HENNEKE: The other -- we have an agreement; 23 they have to take this through the plat process. 24 COMMISSIONER BALDWIN: Okay. And then, let's see. 25 This letter from Mary Smith, which is an Attorney General 1-28-13 36 1 person, talks about the settlement and publishing, and then 2 the register and all that stuff. I see that, and I see what 3 she is talking about, but I don't see anything in here from 4 T.C.E.Q. Is this -- this agreement and the approval from 5 T.C.E.Q. to approve what we're fixing to do here today, is 6 that -- do we have something in writing that T.C.E.Q. says, 7 "Yeah, this is cool"? 8 MR. HENNEKE: We do. The way that we are going to 9 resolve this litigation is with an agreed final judgment. 10 There will be a final judgment entered by Judge Williams 11 terminating the lawsuit -- or ending the lawsuit. In that 12 agreed final judgment, it sets forth all of the steps, 13 including the combining the six lots into three, platting and 14 subdividing these new three lots, confirming the geographic 15 boundary of the system is restricted to that area. It sets 16 forth all of those steps as an agreement that has been 17 entered into. That agreement had to go through the T.C.E.Q. 18 settlement approval process, and did so during the summer of 19 last year, so all of what we are moving forward and doing has 20 already been signed off on -- 21 COMMISSIONER BALDWIN: Okay. 22 MR. HENNEKE: -- and approved by the A.G., and also 23 by T.C.E.Q. 24 COMMISSIONER BALDWIN: So, we saw the T.C.E.Q. 25 approval earlier on when we dealt with the thing a few months 1-28-13 37 1 ago. 2 MR. HENNEKE: I have it downstairs, the original, 3 and when we come with the final plat approval in March, then 4 the Court will also be signing off on the same agreed final 5 judgment that T.C.E.Q. ratified and approved. 6 MR. ODOM: Ratified. 7 COMMISSIONER BALDWIN: Thank you. 8 MR. ODOM: It's -- we're moving through the 9 process. And the next one will take this, then we'll come 10 back to this one here, finalize everything. It's confusing. 11 For an Aggie, anyway. 12 COMMISSIONER MOSER: But a good solution. 13 MR. ODOM: Sir? 14 COMMISSIONER MOSER: I said but a good solution. 15 MR. ODOM: I think a good solution. 16 COMMISSIONER BALDWIN: Maybe the only solution. 17 COMMISSIONER MOSER: Right. 18 COMMISSIONER BALDWIN: I never could see a solution 19 out there for this thing. 20 COMMISSIONER MOSER: If I may say one other thing 21 on that, I think the next big issue out there is going to be 22 what happens to that cluster sewer system? Now, it's -- 23 that's a different subject, but that's something that -- 24 COMMISSIONER BALDWIN: That's down the road. 25 COMMISSIONER MOSER: -- we have to address sometime 1-28-13 38 1 before it fails. If it ever fails, we're in -- we're in -- 2 COMMISSIONER BALDWIN: The citizens -- 3 COMMISSIONER MOSER: -- we're in deep trouble, 4 'cause it goes right into Silver Creek and into the Guadalupe 5 River. 6 MR. ODOM: This question had been asked, but I 7 don't have an answer for it. 8 COMMISSIONER MOSER: No, that's not a question. 9 I'm just saying we just need to be alert. That's the major 10 issue. 11 COMMISSIONER BALDWIN: That's exactly the reason I 12 question this letter from T.C.E.Q. If they're saying that 13 everything is on the up-and-up and that system is a qualified 14 system to handle all this stuff, it's out of my hands -- 15 COMMISSIONER MOSER: That's right. 16 COMMISSIONER BALDWIN: -- now. 17 COMMISSIONER MOSER: Until it fails. 18 COMMISSIONER BALDWIN: Until it fails. Well, and 19 then they're the ones that authorized it, not us. 20 COMMISSIONER MOSER: Mm-hmm. 21 COMMISSIONER BALDWIN: That's the deal. 22 COMMISSIONER LETZ: Judge, are you waiting on a 23 motion? 24 JUDGE TINLEY: I sure am. 25 COMMISSIONER LETZ: Do you want to make a motion? 1-28-13 39 1 COMMISSIONER MOSER: Go ahead. 2 COMMISSIONER LETZ: I'll make a motion that we 3 approve the preliminary alternate plat for -- per the agenda 4 item. 5 COMMISSIONER MOSER: Second it. 6 JUDGE TINLEY: Motion made and seconded as 7 indicated. Question or discussion? All in favor, signify by 8 raising your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: Motion carried. Let me call the 13 9:05 timed item; Item 2, to consider, discuss, take 14 appropriate action to accept preliminary revision of plat for 15 Lot 1R, Block 2, Lot 3R, Block 2, and Lot 6R, Block 2 of 16 Castlecomb Subdivision, and set the public hearing. 17 MR. ODOM: Yes, sir. Mr. Voelkel took six lots and 18 made them into three lots, being Lots 1R, 3R, and 6R. This 19 revision of plat is being done in order to allow the current 20 water system to stay operational under T.C.E.Q. regulations 21 of a maximum of 35 lots for this system, and also to correct 22 the three lots that are being added from the unplatted 23 property, which makes up Block 3 of the Castlecomb 24 Subdivision. Lot 1 and 3 of Block 3, Castlecomb Subdivision, 25 is part of unplatted land, and these three lots were added 1-28-13 40 1 quite a few years back and never went through the platting 2 process. The change that we're doing is going to change all 3 this to 35 lots, okay? So, T.C.E.Q. has said as long as they 4 keep the development to a maximum of 35 lots, they will be in 5 compliance. So, at this time, I ask the Court to accept the 6 preliminary revision of plat for Lot 1R, Block 2; Lot 3R, 7 Block 2; and Lot 6R, Block 2; Volume 5, Page 307, and set a 8 public hearing for Monday, March 11th, 2013, at 9 a.m., 9 Precinct 2. 10 COMMISSIONER MOSER: I move that we accept that 11 as -- as recommended. 12 MR. ODOM: Yes, sir. 13 COMMISSIONER LETZ: Second. 14 JUDGE TINLEY: Motion made and seconded to include 15 setting a public hearing for March the 11th, 2013, at 9 a.m. 16 Question or discussion? 17 COMMISSIONER LETZ: Just a comment. I have no 18 problem doing the public hearing, all three of those 19 together, but I think when it comes time to do the final 20 approvals after the public hearing, we need to do three 21 individual agenda items for each lot. I don't think we want 22 to do three plats in one motion. 23 MR. ODOM: Well, we -- your comment wasn't that -- 24 didn't we put that? Do you -- legally, can we do that? From 25 his recommendation? I don't have a problem, but -- 1-28-13 41 1 COMMISSIONER LETZ: I was saying when it comes time 2 to vote. I don't mind the public hearing being combined, but 3 I think we do need three separate motions for three separate 4 plats. I would think it's going to be confusing down the 5 road if we have one motion for three plats. 6 MR. HENNEKE: We can break it out. There'll have 7 to be a separate motion as well on the approval of the agreed 8 final judgment, so we can -- we can break that out and 9 approve it separately. 10 COMMISSIONER LETZ: I think it's cleaner. That way 11 we can keep track of things in the future. 12 JUDGE TINLEY: Any other question or comments? All 13 in favor, signify by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: Motion carries. Let's go to Item 5, 18 a 9:25 timed item; we'll play catch-up. Consider, discuss, 19 take appropriate action for the Court approval for Kerr 20 County Road and Bridge Department to go out for bid for one 21 water truck. Presumably, I guess, for use in Precincts 1, 2, 22 3, and 4. Makes sense. 23 MR. ODOM: Yes, sir. We would like to replace 24 RB6108, a 1978 water truck with 500,000-plus miles on it. I 25 believe we purchased this truck used from the State before 1-28-13 42 1 the unitized road system, before my time. I've included some 2 pictures of this unit. I have included the big specs and the 3 ad for the newspaper, along with the calendar of when the ads 4 will run in the paper. Also, I have it budgeted, so I have 5 the -- I think the appropriate amount of money to purchase 6 this. So, at this time, we ask the Court for their approval 7 to go out for bid for one water truck for Precincts 1, 2, 3, 8 and 4. 9 COMMISSIONER LETZ: So moved. 10 COMMISSIONER MOSER: Question. 11 COMMISSIONER LETZ: Go ahead. 12 JUDGE TINLEY: Wait a minute. We got a motion. Do 13 I hear a second? 14 COMMISSIONER OEHLER: Yeah, second. 15 JUDGE TINLEY: I've got a second. Question or 16 discussion? 17 COMMISSIONER MOSER: Yeah, question. So, you're 18 looking for something later than 2007. Just looking at the 19 specs that you have, it's quite extensive. Are you limiting 20 your opportunity to find a truck with that many 21 specifications? 22 MR. ODOM: I believe I'm trying to stay with what I 23 have, to answer your question. 24 COMMISSIONER MOSER: So you just took the spec you 25 had -- 1-28-13 43 1 MR. ODOM: I took the spec that we had on -- on a 2 unit and all, and we already have dump trucks that we have 3 bought, so I'm trying to stay for parts and all, and 4 workability on vehicles. 5 COMMISSIONER MOSER: Got you, okay. 6 MR. ODOM: That's the reason we're doing that. 7 COMMISSIONER MOSER: Okay, thank you. 8 COMMISSIONER LETZ: Okay. And I presume you're 9 going to surplus the '78 model? 10 MR. ODOM: Yes, it'll go into -- we will put that 11 on gov.com to get rid of, yes, sir. 12 COMMISSIONER LETZ: I wonder if any volunteer fire 13 departments may -- I don't know. Can we -- do they have to 14 bid on it, Judge? Or can we -- 15 MR. ODOM: Interlocal agreements. 16 JUDGE TINLEY: If it's surplus, we can -- we can go 17 directly to any of the volunteer fire departments. 18 COMMISSIONER LETZ: Okay. It's just an idea. 19 Water trucks are valuable commodities out in -- 20 MR. ODOM: That's true, but -- 21 COMMISSIONER LETZ: Granted, it's a -- 22 MR. ODOM: -- the tank is coming off of it. 23 COMMISSIONER LETZ: Maybe not. 24 MR. ODOM: So they can -- you can -- 25 COMMISSIONER OEHLER: Not so valuable without a 1-28-13 44 1 tank. 2 COMMISSIONER LETZ: Right. 3 MR. ODOM: This -- this is -- 4 COMMISSIONER LETZ: Okay. Just surplus it. 5 COMMISSIONER OEHLER: Let it become scrap. 6 MR. ODOM: Let's make certain -- if anybody wants 7 to bid on it, that's not my job description there. 8 JUDGE TINLEY: It's not complicated, right? 9 MR. ODOM: Yeah. We're -- 10 JUDGE TINLEY: Any other question or discussion? 11 All in favor of the motion, signify by raising your right 12 hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: Motion carries. Item 6 is a 9:30 17 timed item; consider, discuss, take appropriate action for 18 the Court's approval for the alternate plat for Verde Acres. 19 Looks like it's out of Survey 47. 20 MR. ODOM: Yes, sir. I'm going to destroy this 21 name. Laszlo Keresztury owns 21.7 acres. The appraisal 22 items is R12968 and R12967. Laszlo would like to divide the 23 property into two lots; Lot 1 will be 5.91 acres and Lot 2 24 will be 16.02 acres. Lot had -- Lot 1 had two wells, two 25 septics. Both septic tanks have been abandoned per O.S.S.F., 1-28-13 45 1 and one of the two wells have been plugged. We have included 2 information concerning the abandoned septics and a note from 3 Gene Williams at Headwaters concerning the two wells. So, at 4 this time, we ask the Court for their approval of the 5 alternate plat for Verde Acres, Abstract A0050, BBBCRY Survey 6 47, that tract is 19.7 acres, and Abstract A0050, Survey 47, 7 acres of 5.0 acres, Precinct 2. 8 COMMISSIONER LETZ: Looks good. 9 COMMISSIONER MOSER: Is there any disadvantage in 10 doing this? Any issues or anything? Doesn't look to me like 11 there is. 12 MR. ODOM: There's no issues. We've resolved the 13 issue about the water well -- 14 COMMISSIONER MOSER: Right. 15 MR. ODOM: -- that was too close to the septic. 16 That's been revolved, and we have the okay -- we have that 17 signed form from O.S.S.F., so I think it's gone through all 18 that procedure. Water well, water availability is there. We 19 don't see a problem with it. 20 COMMISSIONER MOSER: I move that we accept the 21 recommendation. 22 COMMISSIONER LETZ: Second. 23 JUDGE TINLEY: Motion made and seconded for 24 approval of the agenda item. Question or discussion? All in 25 favor, signify by raising your right hand. 1-28-13 46 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: Motion carries. Let's go to Item 7, 5 a 9:35 timed item; to consider, discuss, take appropriate 6 action to accept and approve professional services 7 engineering proposals from John M. Hewitt, Professional 8 Engineer; Michael Wellborn, Professional Engineer; and 9 L. Wayne Wells, Professional Engineer. Mr. Odom? 10 MR. ODOM: Yes, sir. We would like the Court to 11 accept and approve all proposals. Road and Bridge would like 12 to use all three engineers based on their qualifications and 13 the project involved. Rob has reviewed all the proposals, so 14 at this time, we ask the Court to accept and approve the 15 engineering proposals from Mr. Hewitt, Mr. Wellborn, and 16 Mr. Wells, and for Precincts 1, 2, 3 and 4. 17 MR. HENNEKE: The only thing I would add is, these 18 are not exclusive relationships. 19 MR. ODOM: That's right. 20 MR. HENNEKE: They're professional services that 21 they use that we've precleared, but we're not making any 22 commitment to any one of these individuals. 23 MR. ODOM: It's not bids. This is not what we did. 24 Professional services, you don't bid. 25 COMMISSIONER LETZ: I visited with Leonard and 1-28-13 47 1 Kelly about this topic. It was time to renew Mr. Wells', so 2 we started having discussions. We started saying, you know, 3 why not open it up? 'Cause his prices went up some, but -- 4 and there's different work. We might be doing some 5 subdivision revision type work this month, which is a little 6 bit different than some of these other -- there's different 7 things we need at different times. So, I think this is a -- 8 you know, a good way to go, personally, and I'll move 9 approval of accepting all three engineering proposals. 10 COMMISSIONER MOSER: I'll second. 11 JUDGE TINLEY: Motion made and seconded for 12 approval of the agenda item. Question or discussion? All in 13 favor, signify by raising your right hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: Motion carried. Let's move to Item 18 10, our 9:45 timed item; to consider, discuss, take 19 appropriate action regarding security enhancement at Center 20 Point School District, including creation of School Resource 21 Officer through an interlocal agreement. Sheriff Hierholzer? 22 SHERIFF HIERHOLZER: Good morning. Cody Newcomb, 23 the Superintendent of Center Point ISD, is present in the 24 room to be able to answer any questions the Court may have or 25 may want to propose to him. Cody came to me a while back 1-28-13 48 1 wanting to know what it would take to get a school resource 2 officer, an officer actually in the Center Point school, 3 which I agree with him; it would not be a bad idea at all. 4 At one time, you'll recall that I did three under a grant 5 where we had one in Kerrville, one in Center Point, and one 6 in Ingram, and that grant expired and the County agreed to 7 pay an extra year after that, and then some of the schools 8 decided they didn't need it any more. Kerrville Police 9 Department took over K.I.S.D., and they worked a contract 10 with a percentage reimbursement type deal that the school 11 district would pay the City of Kerrville for the Police 12 Department to have two officers in that school. I got a copy 13 of that contract, gave it to Cody. They reworded it a little 14 bit with their lawyers down there at the school, and I got a 15 copy of that one and gave both of them to Rob, and he was 16 going to look at them. 17 I personally don't have an issue with the contract 18 itself. I think it would be a great idea. It can be of 19 benefit to the Sheriff's Office and to Center Point School 20 District. The whole deal is, what -- where do we go with the 21 funding? Who funds what and how much? I don't know if it's 22 appropriate to take that into a closed session. When you're 23 talking about the funding, that's something we need to -- no? 24 Okay. Kerrville School District has a 5/6 reimbursement. 25 Kerrville pays 5/6ths of the officers' expenses. This does 1-28-13 49 1 not include vehicles, training, you know, uniforms, anything 2 of that -- it's just the actual salary and the roll-ups with 3 the salary. That's their contract. They look at it because 4 they got 10 -- they figure about 10 months out of the year, 5 the officer is assigned to the school, to show up there, and 6 about two months out of the year, he's assigned to the police 7 department to go back on patrol or do whatever in that. And 8 there's a few other legal things, written things in that 9 contract that I don't think are -- are bad at all. When Cody 10 and I first started talking, we talked 50/50. Now it's kind 11 of gone off of that. I think his school board approved the 12 idea of a contract, and then left it kind of up to you. 13 Didn't they, Cody? 14 MR. NEWCOMB: Right. 15 SHERIFF HIERHOLZER: Need to figure out what kind 16 of negotiation -- I don't have a problem with 75/25. The 17 only problem we have is, where do we get it this year, to 18 fulfill this year? Number one, the amount varies, because if 19 the officer's a basic certified or intermediate or advanced, 20 and how many years he's got with the county for the 21 longevity, that could -- that could -- you know, will make 22 the cost difference. So, I do think it needs to be a 23 percentage of the -- of whatever the total cost of that 24 officer is. That way, it rolls right up with longevity and 25 the continuing years and things like that that would come 1-28-13 50 1 into play. So, I don't think it should be just a set dollar 2 amount. I will let Cody get up here and say what he thinks, 3 and see if we can come -- 4 COMMISSIONER BALDWIN: Before he does, Rusty, is 5 this the only school that you're dealing with? 6 SHERIFF HIERHOLZER: I have talked -- I had been to 7 meetings with Hunt ISD; they're considering a lot of 8 different options at this time. They have not said anything 9 about the option of actually putting an officer in the 10 school, okay? The one that -- that moved forward with it and 11 is really kind of aggressive in wanting to get something done 12 is Center Point, so they're the main one in front right now. 13 Ingram has, of course -- you know, has been annexed by the 14 City of Ingram. I have not heard from them. They're still 15 part of the county; we may hear from them. We could. We 16 actually have -- not counting Kerrville, I got five schools 17 potentially we could deal with: Center Point ISD, Hunt ISD, 18 the Divide ISD, Nimitz Elementary, which is, you know, 19 outside of -- and outside the city limits of Kerrville, even 20 though I think a lot of it's covered under their contract. 21 And then, of course, Ingram ISD, if they want assistance with 22 it. All of this comes in regards to just adding school 23 security. And beefing up security, y'all know exactly what 24 my patrol positions are and how we have to service the 25 county. And I can understand the school's concerns. 1-28-13 51 1 COMMISSIONER MOSER: Cody may answer this when he 2 gets up, but I've got a question for one or both of you. 3 SHERIFF HIERHOLZER: Come on up, Cody. 4 COMMISSIONER MOSER: And also, there's a Center 5 Point board member here; Guy Bolin is in the back. So, -- 6 SHERIFF HIERHOLZER: There he is. 7 COMMISSIONER MOSER: -- the question is, the 8 officer, if he's there, he's -- he's essentially full-time 9 for the school district, and it's -- and does it include 10 times other than just school times, or basketball games or 11 events? 12 MR. NEWCOMB: That's what he and I talked about -- 13 thank y'all, first, for having me here -- is that officer 14 would kind of take over some of the things that we end up 15 hiring out to do, like we hire out for football games. Even 16 with that, we only spent about $500 last year hiring an 17 officer for football games, so it's a minimal amount of time 18 that we would need security. And the way that I view it, 19 we're going to talk about a 50/50 split. You know, I have 20 180 days of school, days where I have teachers and students 21 in class. So, the rest of the time I view it as him being an 22 officer that y'all could use in the county. So, to me, 50/50 23 would be a little more fair, especially this year. You know, 24 we're all undergoing budget cuts. I think you know what's 25 gone on in education. I'm about $600,000 less than what I 1-28-13 52 1 used to be, and my board and community are willing to pony up 2 right now 50 percent. Let's get an officer down there. If 3 you've been to Center Point, you know my students cross three 4 streets. It's a wide-open campus. It's not like any other 5 campus that you have in the county. And with that, we've 6 really been working hard the last month or so to try to 7 tighten things up. And we've got to have a school resource 8 officer, but we've also got to be cognizant of what our 9 budgets are and how we can address that. 10 SHERIFF HIERHOLZER: The contract that's actually 11 on the table that he's proposed, and the same thing that 12 K.I.S.D. proposed, is it covers times during school hours. 13 It doesn't guarantee an officer there every minute of the 14 day, because it does take into consideration training, court 15 purposes, you know, processing an arrestee or things like 16 that. So, there are some times it wouldn't -- and also in 17 that contract, it does state anything outside school hours 18 would be negotiated separately in some way. K.I.S.D. does 19 where they pay off-duty officers to attend the football games 20 or extracurricular events outside of school, is the way that 21 contract's set up, and the way their attorneys also went 22 along with it. The one issue that the Court would have to 23 consider is -- is budgetary issues on it. It wouldn't 24 involve me purchasing another vehicle at this time. We'd 25 keep one of the ones we rolled down. The uniforms and that, 1-28-13 53 1 and bulletproof vest and all will still be covered. 2 The only other thing it does state is this is a -- 3 a deputy sheriff that is totally under my control, okay? The 4 Sheriff's Office control, that is assigned to that school. 5 He enforces state law, not school policies. I think Cody and 6 I both agree on that; we don't want him down there enforcing 7 school policies. But they do enforce any state law 8 violations that occur on the campus. It is something, if I 9 had a major event on that end of the county where I had to 10 call that officer and get him to respond to that event, Cody 11 knows that that's part of law enforcement. We would have to 12 do it. But primarily, it's just that. The school does 13 guarantee in the contract that they would also furnish an 14 office and a telephone for that officer, but he is a deputy 15 sheriff hired by the Sheriff's Office and under the control 16 of the Sheriff's Office that just spends his on-duty times at 17 that school. 18 COMMISSIONER LETZ: Rusty, are you looking at 19 hiring a -- or creating a new position, or are you using your 20 existing -- 21 SHERIFF HIERHOLZER: It would be creating a new 22 position. I do not have a position available, okay, for 23 that. I do not have the spare manpower for that. It would 24 be creating a position for this purpose. 25 COMMISSIONER LETZ: Is there an option, because 1-28-13 54 1 this is the middle of our budget year, of using -- I forgot 2 what you call them, but your auxiliary -- 3 SHERIFF HIERHOLZER: Reserves? 4 COMMISSIONER LETZ: Reserves for this year, until 5 we can -- 6 SHERIFF HIERHOLZER: The two reserves that I have 7 at this time have full-time jobs, okay? A reserve is just 8 that; he's volunteering his time. I'm very picky on who we 9 swear in as reserves. I don't have a reserve that would fit. 10 This is a -- to me, this is an extremely serious position, 11 when you put an officer in the school, and I think Cody would 12 feel the same way. It would be open for any of my people to 13 apply for if they want, but they would have to go through an 14 interview process to be assigned down there, and then I would 15 need to replace them. With five officers on duty at a time 16 throughout the county, gentlemen, I don't have the manpower 17 to take one of those officers and put them in the school. I 18 would need a position for this. 19 COMMISSIONER MOSER: Cody, it's well-known that 20 some school districts have -- instead of taking this 21 approach, which is an option, have chosen to have some of 22 their teachers certified in -- in serving this function. 23 Armed, okay? And I think The Divide does that, if I'm not 24 wrong. Sheriff, is that correct? 25 SHERIFF HIERHOLZER: You'd have to speak with The 1-28-13 55 1 Divide. I'm not going to publicly say what any of our school 2 districts do. 3 COMMISSIONER MOSER: Okay. 4 SHERIFF HIERHOLZER: For their safety. 5 COMMISSIONER MOSER: The school districts in the 6 state that do -- and some of them may be in this county; I 7 don't know, okay. Has that been considered? 8 MR. NEWCOMB: I think all options are on the table 9 right now. One thing that I've talked to the board about is 10 I know there's legislation coming down, if you're watching 11 the papers, that may address that as far as handguns in 12 school and school safety. So, what we've decided to do is 13 kind of view this as a marathon, not a -- a sprint, and sit 14 back, watch, see how the legislative session goes. But, yes, 15 all options are on the table, and we're talking about a lot 16 of things. What we need is something right now. I think 17 y'all know what's gone on in the nation, and I think you know 18 that on the forefront of any parent and community member's 19 mind right now is, "Are my kids safe at school?" We're doing 20 the best that we can with our part, but I think there's a 21 missing link here, and that's to have some security in our 22 school. 23 JUDGE TINLEY: Mr. Newcomb, you mentioned 180 days. 24 I presume that meant to equate to essentially one-half of the 25 year, but those 180 days, if I'm understanding correctly, 1-28-13 56 1 would be five days a week during the -- during the school 2 year, less the holiday period that you exclude. So, 3 essentially, you've got your -- your school in session a 4 40-hour week, essentially, so it's actually more than half a 5 year that an officer would be assigned, would he not? 6 MR. NEWCOMB: Well, the way I view it is that's 7 what I need an officer for, when my teachers are there and my 8 students are there. Now, that's something the Sheriff -- the 9 way the officers' hours work out are a lot different, from 10 what I understand, than a regular 40-hour work week. So, the 11 way I viewed it is I really don't need anybody there over the 12 Christmas break patrolling or doing anything, so that's where 13 I came up with my 180. And then we could work football games 14 or whatever, work that out with the county. 15 COMMISSIONER MOSER: If -- if we were to do this, 16 another question would be -- and this is to the Sheriff. If 17 that officer is sick, you've got to fill that spot, so do you 18 need more than one? 19 SHERIFF HIERHOLZER: I don't need more than one. 20 What we would have to do, okay, and hopefully we wouldn't 21 have that, the officer's kind of holidays and that would have 22 to follow the same way the school does, okay? If he's sick, 23 if there's just one day, we may not have an officer there 24 that day. If I can afford it, we may have one stop in there 25 for a few hours that way, but I'm limited, as y'all well 1-28-13 57 1 know, on patrol on how long I can have one down there. Okay. 2 That's not -- you know, and that's one of the issues that you 3 have in finding the right officer for that position. Now, I 4 have an officer that's been a school resource officer before, 5 and he'd be fabulous in that position, but, you know, he 6 likes to take his vacation during the stock show because he's 7 got kids that show, okay? So it would not -- probably would 8 not work out with his vacation being that time of year, 9 because then I'd have to pull somebody else down there to 10 work during that time of year. And it's -- those are more 11 of -- of issues that I think Mr. Newcomb and I can very 12 easily work through. 13 I don't think either one -- I think we both have 14 the same goal in mind. I think there is a benefit that we 15 have to look at to the county itself, in that I'm not sending 16 a patrol officer down there during calls at the school; I've 17 already got an officer on the scene to handle those type of 18 situations, okay? So it does relieve my patrol division 19 some. We don't have many calls down in Center Point, thank 20 goodness, but it does free up some of that, okay? It could 21 free up some possibly, but not much during the mornings when 22 -- when school's starting to come into session. You've got 23 an officer around the -- the school zone and that. 24 Primarily, you want them -- 25 COMMISSIONER OEHLER: Do you have any money -- do 1-28-13 58 1 you have any unfilled positions in your budget right now? 2 SHERIFF HIERHOLZER: I have one dispatch position 3 that we are filling this week. I've already gone through all 4 the tests and that and been approved. It would be a starting 5 position, and that position has been open an entire budget 6 year, so there is some funds there. 7 COMMISSIONER OEHLER: If we're going to do this, we 8 need to find the money within your budget somewhere to fund 9 it. 10 SHERIFF HIERHOLZER: Well, and that's hard to say 11 this year, Commissioner. Now, I will tell you this. In my 12 12 years of being your Sheriff, I don't think I've ever 13 turned you back a deficit budget at the end of the year. 14 It's normally been $100,000 to $200,000 you get back, okay? 15 But I can't say what line item at this time I could -- I 16 could pull that from. We could continue to take it out of my 17 salary line item. There's enough to cover it right now, of 18 course, and as we get towards the end of the year, we may 19 have to look at other options. 20 COMMISSIONER OEHLER: I'd be in favor of doing this 21 if we can find the money within your existing budget. 22 SHERIFF HIERHOLZER: Well, that's just -- you know, 23 I just can't guarantee where it is. 24 COMMISSIONER BALDWIN: Yeah. Rusty, personally, I 25 think that we need to take time to figure that out. Figure 1-28-13 59 1 that out, as well as I want to know what we're going to do 2 with Hunt. Let's do -- let's do both of them at the same 3 time. 4 COMMISSIONER OEHLER: That's up in the air, what 5 they're going to do. 6 SHERIFF HIERHOLZER: Hunt's not sure yet. That's 7 the deal; they aren't sure what they want to do. 8 COMMISSIONER BALDWIN: I understand that. But they 9 need to, or get off the pot; one of the two. Because I can't 10 imagine us going through this same thing again -- 11 SHERIFF HIERHOLZER: I could. 12 COMMISSIONER BALDWIN: -- with Hunt. 13 SHERIFF HIERHOLZER: The superintendent at Hunt 14 told me -- 15 COMMISSIONER BALDWIN: Wait a minute. Wait a 16 minute, let me finish talking here. And then the interlocal 17 agreement, where is it? 18 SHERIFF HIERHOLZER: Rob has the -- 19 COMMISSIONER BALDWIN: We already have one ready to 20 go? 21 MR. HENNEKE: It's a draft. I've got a comment to 22 make after you finish, Commissioner. 23 COMMISSIONER BALDWIN: Okay. It just seems to me 24 that, you know, you -- when we're talking about funding, it's 25 something that we need to look at. You know, you need to at 1-28-13 60 1 least call Hunt and ask them if they're going to participate. 2 Or will we -- will Ingram -- will we participate with Ingram, 3 or is that strictly the City of Ingram's job? Or -- you 4 know, to me, let's do this all at one time. 5 SHERIFF HIERHOLZER: Well, I think we have to -- 6 each school district is going to be different. Each school 7 district has a different philosophy on what they want to do. 8 I have not heard from Ingram. Hunt, I can tell you what 9 their superintendent told me, was that if she had $50,000 to 10 spend, she'd like to spend it on teachers, not officers. And 11 I can understand that. 12 COMMISSIONER BALDWIN: That sounds like a "no" to 13 me. 14 SHERIFF HIERHOLZER: But -- well, but I don't know 15 what their school board's going to do. It's just like y'all, 16 okay? They vote on it. They're going to study it, take a 17 slow process of looking at it, and I think they're going to 18 look at a lot of the different options. I think a lot of 19 people want to see what our federal government's going to do, 20 if there's going to be grant moneys available for some of 21 this. In this contract, there is the option that either 22 entity, either Center Point or the Sheriff's Office, can also 23 apply for grants at any time to help, you know, supplement 24 their funding portion. 25 COMMISSIONER OEHLER: I think what's going to wind 1-28-13 61 1 up, Buster, is they're probably going to wind up sharing one. 2 COMMISSIONER BALDWIN: That would be great. 3 SHERIFF HIERHOLZER: That's one of the things I 4 recommended to -- 5 COMMISSIONER OEHLER: Another thing is, too, the 6 constables can help out a little bit periodically. 7 COMMISSIONER BALDWIN: I think I could agree with 8 that 100 percent. 9 COMMISSIONER OEHLER: I have asked Gene to go up 10 and share time. He's been working the Ingram Elementary 11 school zone every morning. I asked him if he couldn't do 12 that and share those -- you know, a morning there and a 13 morning in Hunt, because they're not getting much -- they're 14 not getting it, from what I understand. They're not getting 15 any law enforcement on school zones in Hunt, as much as they 16 did for a while. 17 COMMISSIONER MOSER: I think if -- what Bruce is 18 saying, if the funds can be out of your budget, that's one 19 thing, but I think we need to look at this -- and I think 20 that's good; we could move ahead. But I think we need to 21 look at when we do it, we're setting a policy, because Hunt 22 or Ingram and Nimitz or -- and all the rest, Divide, can be 23 in here next Commissioners Court asking the same thing. So, 24 I think we need to think this through, how we're going to 25 handle all these others. Can't -- can't do one different 1-28-13 62 1 than the others, I don't think. 2 COMMISSIONER LETZ: I think one -- I agree with 3 everything that's being said. Just one other comment, is 4 that right now we're basically looking at starting the 1st of 5 March, three months, and then we're in a new -- then we're 6 looking at the budget for next year. You know, if we go 7 forward with it, to me, it's kind of -- if it's, say, 50/50, 8 you're looking at one and a half months salary, but what do 9 we do with this new employee over the summer? 10 SHERIFF HIERHOLZER: He would be on patrol. 11 COMMISSIONER LETZ: So we're creating another -- 12 see, that's where I've got, you know -- 13 SHERIFF HIERHOLZER: That's the whole issue. And 14 that's why this Court -- 15 COMMISSIONER LETZ: I mean, I can see -- you know, 16 and maybe you can get a -- find an officer that wants to work 17 only during the school year. And it -- 'cause it seems like 18 all of a sudden, we're hiring a person, you know -- 19 COMMISSIONER MOSER: One more. 20 COMMISSIONER LETZ: We're adding staff to fix the 21 problem for three months. And I agree, we need to look at 22 this, but I'm just -- you know, I don't want to go halfway 23 into it. We need to figure out kind of what the plan is for 24 next year. I agree with what Number 2 said about this is a 25 policy. We can't tell Center Point yes and tell Hunt no, so 1-28-13 63 1 we got to figure out what everybody else wants to do, because 2 I don't see how we can afford two or three new employees. 3 SHERIFF HIERHOLZER: I don't necessarily disagree 4 with you at all, okay? And that's why I brought this to 5 y'all. And it all does need to be decided in a way that's 6 fair for everybody and every school. You do have to look 7 at -- each school is different. You look at Hunt; that's an 8 elementary only. 9 COMMISSIONER LETZ: Right. 10 SHERIFF HIERHOLZER: Center Point's got pre-K all 11 the way through high school, a lot larger campus, a lot 12 larger number of students. You know, Ingram is inside the 13 city limits of Ingram, okay, at this time, just like 14 Kerrville is inside Kerrville. Okay. The Divide's a very 15 small school, and they do have security issues in place. I 16 don't see them asking for an officer. I can't say it 17 wouldn't happen. 18 COMMISSIONER LETZ: Right. 19 SHERIFF HIERHOLZER: I can't say it wouldn't happen 20 five years from now, okay? Where we do this, and we're only 21 asking for it now, and then five years from now, somebody 22 else asks for it. These are just things that we definitely 23 do need to look at. You know, and I -- I think the schools 24 are being proactive in trying to find a way. We have had an 25 officer in that school before, okay, but it was totally paid 1-28-13 64 1 for by a grant, and one year by this county. But -- 2 COMMISSIONER OEHLER: Well, I'm tending to go along 3 with what you're saying about, you know, you could -- you 4 could stipulate, you know, the time frame that they would be 5 employed. I think. But it may go against federal law and 6 stuff; I don't know. 7 SHERIFF HIERHOLZER: That would be extremely hard 8 for me to hire an officer and stipulate a time frame that 9 he's employed. 10 COMMISSIONER OEHLER: Well, the school can hire 11 one. 12 JUDGE TINLEY: Well, I think the more appropriate 13 solution would be to -- the proposal for 50/50 I don't think 14 is equitable, frankly, when you've got an officer that's 15 dedicated to the school probably at least 75 percent of the 16 time. You figure a 10-month school year, they crank up 17 mid-August, thereabouts, and then go through late May, and I 18 think that's a more equitable type of arrangement. I -- I 19 can see us coming into criticism if we're supplementing, as 20 it were, school districts in a manner that's not equitable. 21 I don't mean to say that we shouldn't be supportive of our 22 school districts, but I think if we -- if we're assigning an 23 officer down there whose primary responsibilities are on-site 24 for 75, 80 percent of that officer's duty time, that 25 consideration needs to be taken into account. So, I don't 1-28-13 65 1 think the 50/50 arrangement is equitable. It's pretty 2 obvious to me that K.I.S.D., when they came up with their 3 arrangement, they apparently felt that way also, and in 4 working with the City of Kerrville. So -- and it -- when you 5 calculate it, I think it makes much more sense, but that's a 6 matter that's subject to adjustment. And, of course, but 7 it's going to make a tremendous difference in what our 8 exposure is for -- for budgetary purposes for that officer. 9 SHERIFF HIERHOLZER: Well, is there -- because I 10 don't feel like I can negotiate budgetary issues. Is there a 11 way that this Court could appoint one of your members to have 12 the authority to at least be able to negotiate with Center 13 Point school on the budgetary issues, and then bring a 14 recommendation back to this Court, so we at least have our 15 final lines worked out? Whether it be Precinct 2 16 Commissioner or yourself, Judge, but there needs to -- you 17 know. 18 MR. NEWCOMB: I'll say this also. We didn't budget 19 any money either. I mean, this is -- this is coming straight 20 out of the middle of my budget. But what kind of price can 21 you put on this? I have nothing down there. And Hunt and 22 them are closer to Ingram. I'm out -- and like I said 23 before, my kids cross three streets. If you've ever been 24 through Center Point when you're in the middle of a day, you 25 can see what I'm facing. I don't have one roof like 1-28-13 66 1 Kerrville or anybody else where they've got all their kids 2 under one roof. We're spread out. So, it's a priority for 3 us. It's a priority for our parents, and definitely a 4 priority for our students that we do something. And I 5 understand budgetary constraints, but, you know, your 6 priorities are where you put your money, and I'm willing to 7 put my money where my priorities are right now. 8 COMMISSIONER LETZ: I'm -- I agree with you. I 9 mean, I go through your campus on a regular basis, and it is 10 -- every time I go through there, I worry. 11 MR. NEWCOMB: Right. 12 COMMISSIONER LETZ: Because there's kids going 13 every which way. And, you know, you really have no control 14 over the campus. 15 MR. NEWCOMB: Exactly. 16 JUDGE TINLEY: Mr. Bolin has filed a participation 17 form. I want to give him an opportunity to get his input 18 into this thing. 19 MR. BOLIN: Well, basically, I appreciate y'all's 20 time. I'm Guy Bolin. I know the majority of you. I live in 21 Center Point, been there many years. My concern is on the 22 safety officer. I am a school board member, but I'm not here 23 in the capacity of a school board member. Basically, the way 24 our campus is set up, my thoughts on having an officer on a 25 full-time basis on the campus, we have lots of speeding cars 1-28-13 67 1 going back and forth up and down the road. Just the presence 2 of a law enforcement car around the school is a good 3 deterrent to speeders, slow the traffic down. We've been 4 very fortunate over the last hundred years, nobody's been hit 5 by a car on 1340, which is a very high probability. 6 Another concern I have, say your wife is an 7 educator, which mine is. At 7:15 in the morning, a woman 8 pulls up to drop a kid off at school. Come to find out, the 9 husband and wife have been fighting all night for weeks straight, 10 and they're fighting over custody of the kids and all that 11 stuff. The husband comes in and grabs the kids at that time. 12 Do you feel it's her job, as a professional educator, to step 13 between the husband and wife to tear them apart? That's not 14 in their job description. Y'all have discussed possible 15 concealed carry permits with the school, stuff like that. I 16 don't know about the teachers in the rest of the system, but 17 the majority of them I've talked to, they didn't go to 18 college to carry a gun; they went to educate a kid. I 19 realize budget constraints, stuff like that. I totally 20 understand it. Our little district has a little $5 million 21 budget. We've had over $600,000 cut from state funds. But 22 we put our priorities where they need to be, and we come up 23 with the money. 24 My understanding, a while ago y'all authorized 25 going out for bids on a water truck. That's going to be 1-28-13 68 1 $150,000 minimum, okay. That $150,000 could supply an 2 officer in Center Point, with us matching, for many, many 3 years. Is the safety of the kids less important than a water 4 truck? I want y'all to consider all this stuff. This is 5 something that's very needed. And, you know, we spent a 6 million, seven on the Ag Barn. Well, if the kids get killed 7 at school, they don't need an Ag Barn to show. We need to 8 get our priorities straight. Appreciate your time. 9 JUDGE TINLEY: Thank you, Mr. Bolin. 10 SHERIFF HIERHOLZER: One thing about it I will say 11 is we do currently -- and I think most of y'all know this -- 12 try and be down there as much as we can. We have the county 13 divided up into where there's always an officer on the east 14 end. But we're averaging anywhere from 10 to 25 calls a 15 shift right now, and one arrest is going to take that officer 16 off the street for about three hours, okay, and so it does 17 get kind of hard. And we are trying to -- to do each 18 different school zone. Just 'cause Nimitz is part of 19 K.I.S.D., that school zone on Ranchero Road is extremely 20 serious, as Buster can tell you. We try and work it. I know 21 the constables try and work it, work the school zones. So -- 22 but when you got the same number of officers out as I have 23 schools, it's kind of hard to do the rest of the job if I 24 don't have more officers to get them into those schools. 25 COMMISSIONER BALDWIN: The County Attorney had 1-28-13 69 1 something he wanted to say. 2 SHERIFF HIERHOLZER: Yes. 3 COMMISSIONER BALDWIN: I think. 4 MR. HENNEKE: Just -- I mean, I would point out the 5 -- you know, we have the authority to do this under the 6 Interlocal Cooperative Act, and can. But we know what the 7 market is. You know, it's set by K.I.S.D., and the 8 relationship with P.D. being 5/6, which I think comes out to 9 about 83 percent. So, for consistency's sake, I mean, it 10 would be hard to -- to not -- it would be hard to say yes to 11 one school district and say no to the others. And if we 12 undercut the market moving forward, there's no reason to 13 expect that K.I.S.D. might not come next Commissioners Court 14 meeting and say, "That sounds pretty good to us, too." So, I 15 think that that's something to take into consideration. It 16 might be requested at the end of this from all five of the 17 school districts that we have in Kerr County, and it would be 18 hard to give different rates to different school districts, 19 so that was my thoughts there. Thank you. 20 MR. NEWCOMB: My question about the 5/6 is, how 21 much are they using that officer after school hours? Is that 22 included in that contract? I don't know that. 23 SHERIFF HIERHOLZER: According to their contract, 24 the after-school hours is not -- anything outside of school 25 hours is a separate agreement. And the way that normally 1-28-13 70 1 works is, as Cody knows, the football games, they pay 2 off-duty officers to work those type of events, or basketball 3 games or different things outside of school hours. The 5/6 4 is just covering the school hours that school's in session 5 with an officer, you know. 6 COMMISSIONER LETZ: When is the next Center Point 7 school board meeting? 8 MR. NEWCOMB: It's going to be next month, end of 9 the month. 10 COMMISSIONER LETZ: So, I mean, I don't -- 11 MR. NEWCOMB: Our part's done. We're approved. 12 They've approved me to -- to negotiate to do whatever. We're 13 ready. 14 COMMISSIONER LETZ: So the funding issue, you 15 can -- 16 MR. NEWCOMB: I'm here. 17 COMMISSIONER LETZ: Okay. 18 COMMISSIONER MOSER: Somebody in the back has a -- 19 COMMISSIONER LETZ: Ms. Bolin. 20 MS. BOLIN: May I please make a comment? My girls 21 went to Center Point schools through their whole years in 22 school, from pre-K all the way through 12th. During that 23 time, we had a constable, Carl Williams, who was ever present 24 at that school. He was there in the mornings; he was there 25 in the afternoons. He attended everything. Yes, he lived in 1-28-13 71 1 Center Point. Wouldn't that be something that we could 2 consider? I mean, yeah, I don't have any kids in that school 3 right now, but Carl helped the Sheriff's Department by being 4 present, and that was a huge, huge help in our school. 5 SHERIFF HIERHOLZER: Carl was definitely a plus for 6 the Sheriff's Office officers, because he was a big benefit 7 to us in helping a lot, okay. But as y'all know, our 8 constables are elected officials, all right? You have no 9 more say-so over what they do or how they do it than I do. 10 And it would have to take an agreement between the 11 constables -- 12 COMMISSIONER OEHLER: I'm sure they will cooperate. 13 JUDGE TINLEY: Mr. Bolin? 14 MR. BOLIN: One other comment, if I may. My 15 opinion of having an officer on campus, basically drug 16 prevention. If you get the proper officer that has the right 17 personal skills to deal with small kids, you know, kick a 18 soccer ball on the field with them, you start picking up -- 19 the officer picks up who's doing the drugs in the school, 20 where the parties are on the Saturday night, so he intervenes 21 in situations like that. That would be -- I mean, just -- 22 you can't even -- you can't put a dollar amount on that. 23 SHERIFF HIERHOLZER: He's a good source of 24 information. 25 MR. BOLIN: Yeah, being a friend, you know, just 1-28-13 72 1 the presence. And I think that would make all the difference 2 in the world, regardless of what the cost is. 3 JUDGE TINLEY: Thank you, sir. 4 COMMISSIONER LETZ: I mean, I guess moving forward 5 on it, I mean, I don't have a problem with doing something 6 closer to 75/25 split, something like that. I agree with 7 what the County Attorney says a little bit about the 5/6 8 percent. But my biggest concern is, you know, I don't see 9 how we can do something long-term, other than this school 10 year right now, till we look at the budget next -- this 11 coming. I mean, you know, we're doing this in the midyear. 12 This is going to have to be totally reconsidered during our 13 budget cycle, and I think that, you know, if we can put a 14 bandaid on it -- I saw the Auditor nod earlier that we do 15 have the funds; we can get through the year for -- basically, 16 you know, for this next three months, a percentage of that. 17 MR. HENNEKE: It would be -- it's five months. 18 COMMISSIONER LETZ: Well -- 19 MR. HENNEKE: March, April, May, August, September. 20 SHERIFF HIERHOLZER: The only thing I would ask for 21 the officer's sake, whoever the officer is, whether I have to 22 hire one or whether I have one internally that would put in 23 for the position, is that if this county decided not to 24 continue it, okay, through next budget year or whatever, I 25 would personally ask that that be done through attrition, and 1-28-13 73 1 not laying off an officer, okay? I think that would be the 2 fair way to -- if I try and get a good officer at that school 3 this late in the year, and the only thing he knows is I'm 4 only, you know, guaranteeing him a job through May, or 5 through the end of our budget year, it's going to hamper my 6 ability to get a good, qualified officer. What I would like 7 to do is, if this Court does decide to give the position and 8 we do it, and it's decided to be done away with, just like we 9 did when we had the grant and after the County funded, you 10 know, those for a year, is we never laid off any officers. 11 And we didn't just terminate officers; we did it through 12 attrition. And I have the same number employees now in the 13 Sheriff's Office, if you go back and look, as what we had in 14 2008, okay? Through -- we've laid off some. We've done 15 different things; we've done all that, and I think we can 16 still do it regardless of -- you know, we can get it worked 17 out in the budget. 18 COMMISSIONER LETZ: The -- 19 COMMISSIONER MOSER: I'll make a motion. I make a 20 motion that we enter into an agreement with the Center Point 21 Independent School District on a ratio to be determined, 22 something more like 75/25. If we can come up with that in a 23 short period, I'd be happy to serve in that capacity, or we 24 can agree on 75/25, if that is acceptable with Center Point 25 School District. And as the Sheriff says, that position 1-28-13 74 1 would be -- if it had to be eliminated, would be taken care 2 of by attrition, and that we seriously consider what we do 3 with the other school districts, should they come forward. 4 JUDGE TINLEY: That's the motion? 5 COMMISSIONER MOSER: That's the motion. 6 JUDGE TINLEY: All right, I have a motion. Do I 7 hear a second? 8 COMMISSIONER LETZ: I'll second it, then I need to 9 make some changes to it. 10 JUDGE TINLEY: We have a motion and a second. 11 Okay, question or discussion? 12 COMMISSIONER LETZ: If it would be set at 75/25, 13 'cause I can't go with a motion where we don't know the 14 dollars with it. 15 COMMISSIONER MOSER: Okay. 16 COMMISSIONER LETZ: 75/25? 17 COMMISSIONER MOSER: Okay. 18 COMMISSIONER LETZ: And it's for our current budget 19 year only. 20 COMMISSIONER MOSER: Right. 21 COMMISSIONER LETZ: Let's make it real clear, 22 that's the period we're talking about, which is the end of 23 September, 30th. 24 COMMISSIONER MOSER: That's going to give Rusty a 25 full-time officer after June the 1st. 1-28-13 75 1 COMMISSIONER LETZ: Two and a half months. 2 COMMISSIONER OEHLER: You got -- at the end of the 3 budget year, we're going to have a new officer that's not 4 going to be security for the school district through those 5 months. 6 COMMISSIONER LETZ: Well, it's during our budget 7 process at the end of school. We're not -- we're not going 8 to be in our budget yet. And I agree with the attrition; 9 it's not right to hire him and just fire him two months 10 later. You're not going to get anybody, so it's got to be 11 through attrition. And -- 12 COMMISSIONER OEHLER: It's a two-edged sword. 13 COMMISSIONER LETZ: Not a good one. And -- 14 COMMISSIONER OEHLER: I mean, you know, if we -- if 15 we don't go along with it, we're going to look like we don't 16 care about kids. If we do go along with it, then it's -- you 17 know, we're affecting our budget, and we're putting another 18 -- we're hiring another person, another position for the 19 Sheriff. 20 COMMISSIONER MOSER: And we're putting at risk even 21 more school districts. 22 JUDGE TINLEY: Commissioner, if it were easy, 23 anybody could do it. 24 COMMISSIONER OEHLER: That's right. 25 COMMISSIONER BALDWIN: That's right. 1-28-13 76 1 COMMISSIONER OEHLER: I just -- I have a real hard 2 time with -- you know, I don't see why you -- why the school 3 district couldn't find somebody to hire, or Rusty -- 4 preferably, the school district. It would be their employee, 5 not ours. 6 SHERIFF HIERHOLZER: There's a lot of different 7 rules if the school district tried to do it. A police 8 agency -- 9 MR. NEWCOMB: I'm not a chief of police or a 10 sheriff. 11 COMMISSIONER BALDWIN: Yet. (Laughter.) 12 COMMISSIONER LETZ: And -- you know, and this is 13 just a -- you know, anyway, and I saw a nod by Commissioner 14 Moser that he would accept the 75/25 part, and that's the 15 change I have. But it's only for this budget year. 16 COMMISSIONER OEHLER: And the money's going to come 17 out of the Sheriff's budget. 18 JUDGE TINLEY: Let me make sure I got the motion. 19 That we enter into an interlocal agreement with Center Point 20 School District for a resource officer there, contract to be 21 negotiated with the approval of the County Attorney, the 22 funding to be 75/25, with -- percentage-wise, with Kerr 23 County paying 25 percent, those funds to come out of the 24 Sheriff's salary line item in his budget, and that if that 25 position is not to be renewed with Center Point, that the 1-28-13 77 1 officer not be terminated, but that the position itself be 2 eliminated through attrition within the Sheriff's personnel 3 roster. 4 COMMISSIONER OEHLER: That's what I understand. 5 JUDGE TINLEY: Okay. Are we all on the same page? 6 COMMISSIONER MOSER: Same page. 7 JUDGE TINLEY: All right. Any other question or 8 discussion? You had a question? 9 MR. HENNEKE: Beginning February 1st? March 1st? 10 February 15th? I didn't hear a commencement date. 11 COMMISSIONER LETZ: How soon can you reasonably 12 hire -- 13 SHERIFF HIERHOLZER: I can see a commencement date 14 being March 1st, would be the very earliest, okay? Because 15 of what all it takes to hire somebody. Now, if it takes me 16 three months to find somebody, because this -- this is a -- 17 you know, it may not actually get used. And I will say this 18 agreement. If, for some reason, I cannot get an officer 19 hired, which I don't see happening, but between now and the 20 end of the school year, the position will not be filled until 21 next year's budget is approved, if it's approved in next 22 year's budget. Okay? 23 COMMISSIONER OEHLER: You'll see to it they get 24 security out of your office? 25 SHERIFF HIERHOLZER: We're trying. I just 1-28-13 78 1 cannot -- you know, I mean, it is a process to hire somebody. 2 They have to apply with our office, they have to go through 3 an extensive background, they have to go through an interview 4 board and then a -- a written entrance exam, and another 5 interview board and a psychological, physical, drug screen, 6 and meet all the TCLEOSE qualifications before they can even 7 be -- 8 COMMISSIONER BALDWIN: So you're saying you're not 9 going to let me do it? 10 SHERIFF HIERHOLZER: No. 11 COMMISSIONER MOSER: So, we're saying March 1st is 12 the -- 13 SHERIFF HIERHOLZER: That is the commencement of 14 the -- of the contract, would begin March 1st. The payments 15 would not begin on either side until the officer is in that 16 position. 17 JUDGE TINLEY: Sure. 18 SHERIFF HIERHOLZER: And then if, for some 19 reason -- I don't see it, but if, for some reason, I can't 20 get an officer hired that wants that position before the end 21 of this current school year, then it does not give me the 22 authority to hire that officer over the summer vacation, 23 unless the -- the next year's budget's going to be -- 24 COMMISSIONER LETZ: I appreciate you saying that, 25 but I think addressing all that in the motion is confusing. 1-28-13 79 1 It's too much. 2 SHERIFF HIERHOLZER: I agree, but that's an 3 understanding we'll have. May be better than on the motion. 4 COMMISSIONER LETZ: In the interim, I would 5 encourage -- 6 COMMISSIONER OEHLER: We'll hold you to it. 7 COMMISSIONER LETZ: -- Commissioner -- 8 SHERIFF HIERHOLZER: I knew you would, Bruce. 9 COMMISSIONER LETZ: Commissioner 2 maybe can visit 10 with the constable, and see if he can get an individual down 11 there on a more regular basis, certainly in the short term. 12 COMMISSIONER MOSER: Right. 13 JUDGE TINLEY: Okay. Mr. Bolin, you had a comment? 14 MR. BOLIN: Just one last item before y'all vote on 15 this. Y'all took an oath when you took office to defend and 16 protect the Constitution. In there, it states y'all have to 17 provide for the general welfare and safety of kids. I think 18 this comes right under that heading real strong. Okay. 19 JUDGE TINLEY: Thank you, sir. Any other question 20 or comment on the motion? All in favor of the motion, 21 signify by raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: That motion does carry. We're going 1-28-13 80 1 to take about a 15-minute recess, come back, and we'll start 2 with our 10 o'clock item. I apologize for running over. 3 That just goes with the territory. 4 MR. NEWCOMB: Thank y'all very much. Appreciate 5 it. 6 (Recess taken from 10:44 a.m. to 11 a.m.) 7 - - - - - - - - - - 8 JUDGE TINLEY: Okay, let's come back to order if we 9 might, and get to our 10 o'clock timed item. Item Number 12; 10 consider, discuss, take appropriate action on renewal of 11 Dangerous Wild Animals permit for Hatari Safari. Ms. Tuma, 12 do you want to come on up? If you'll identify yourself, who 13 you represent, and give us your address, please. 14 MS. TUMA: Let me get out my notes. I'm Amy Tuma, 15 and I am here on behalf of the Hatari Safari. And I have to 16 read to keep all my thoughts in order, sorry. I'll try not 17 to go too fast. Gentlemen, I'm here once again in front of 18 you to try to resolve the issues and the public oppression 19 that I am once again facing at the hands of Rob Henneke. For 20 those of you who are new to Commissioners Court, and for 21 those of you who are still here, here's a quick summary of 22 the events that happened up to date. In June 2010, with 23 papers of state corporation filed for a sanctuary for 24 animals, Rob came to the Commissioners Court with false 25 statements and accusations that not I, Amy Tuma, the one who 1-28-13 81 1 had filed for dangerous wild animals the previous years, was 2 again filing under 822, but that Clint Tuma was instead 3 having a slaughterhouse for cats. This was also stated when 4 Rob sent the environmental agents out to say that my facility 5 was a slaughterhouse, not an animal sanctuary. 6 The County Commissioners then gave Rob permission 7 to sue Clint, and issued Clint tickets for animals. We 8 fought in court until the Fourth Court of Appeals ruled in my 9 favor and basically dismissed the whole lawsuit. Rob then 10 came to you in the middle of our lawsuit, after the Fourth 11 Court ruled in my favor, and asked you guys to change the 12 law. In order to show good faith on my part, I compromised, 13 under duress, and I settled. I received my actual license 14 almost 60 days later after the settlement. Animal Control 15 was not given a copy of the settlement until I sent them one 16 almost six months later. Rob, Commissioner Oehler, and the 17 Cailloux family then went to Austin three months later after 18 our settlement and presented a bill that Rob authored, House 19 Bill 251, which completely undermined our entire settlement. 20 The Legislature immediately killed this ridiculous bill, and 21 I once again came to the Commissioners for their help with 22 this injustice and obvious case of public oppression, but the 23 Commissioners still did not do anything. 24 It has been over another year, and the harassment 25 from Rob does not stop. The Cailloux family continues to 1-28-13 82 1 express their discontent with me being so close to their 2 house, so I hired a real estate agent and offered them to buy 3 me out at market value so that I could move further out and 4 try to be a good neighbor and end the issues that they had 5 with me. After this happened, Rob sent a letter to you, the 6 Commissioners, saying that I was saying things to the 7 Caillouxs that sounded like extortion. I didn't know that 8 offering your property for sale was extortion, and if this is 9 true, I bet you there's quite a few people guilty of this. 10 Kerr County Animal Control has been the registered agency for 11 dangerous wild animals, according to the state zoonosis 12 department. Yet every time I try do anything in the normal 13 course of running an animal shelter, Rob is there to change 14 the laws, add his opinion, make it hard for Animal Control to 15 follow through and do their job, and for lack of words, be a 16 general pain in my behind. 17 When I've asked Janie for a factual statement -- no 18 opinion, no endorsements, just the public record -- that I 19 had no incidents or escapes, Rob told her that she could not 20 write this letter unless she had a formal request from the 21 agency that wanted it. In accordance with the settlement, I 22 am allowed to hold an animal for up to two weeks without 23 registering it under 822, which means it is not subject to 24 the laws of 822. Rob went and sent me a letter saying I had 25 to give him all the information and follow the information 1-28-13 83 1 and give him stuff that was subject to 822, and made up his 2 own piece of paper that I had to fill out. Clint went and 3 contacted Commissioner Oehler to discuss this with him. He 4 thought they came to an understanding, and Rob turned around 5 and sent me another letter saying if I didn't give all the 6 information he originally requested, he would come after me 7 and prosecute me again. 8 I later then received this year a letter from Kerr 9 County Animal Control, delivered by Charity, saying that I 10 had two weeks, or -- or I had two weeks to give the 11 information to the County for my renewal, which was the 12 day -- I would have had to literally run down to the Kerr 13 County Animal Control and give them everything that day. 14 This is not in the statutes, 822. And instead of making my 15 renewal simple, since the County already has everything on 16 file -- it has my insurance, it has my facility, it has all 17 the pictures -- Rob had Charity send me a letter saying that 18 he expects me to redo everything and send you triplicates, 19 duplicates, and make an unneeded pile of paperwork, and send 20 the County the same information for about the umpteeth time. 21 Today I ask you to think about the validity and the 22 nature of my settlement. 822 provides that the County may 23 decide on the fees accordingly. Since we have already 24 established that in the unlikely event of an escape, the 25 County does not have the equipment or the facilities to hold 1-28-13 84 1 my animals, the only cost the County ever incurs when dealing 2 with my facility is the 10 minutes it takes Animal Control to 3 walk my facility, not the countless hours that Rob has logged 4 making up documents and -- sorry, can't read my own 5 writing -- making up documents and making things difficult 6 for me. Rob continues to breach our settlement over and 7 over, and expects me to jump through all his hoops. So, my 8 proposal is, my renewal was up Sunday, which the year before, 9 it was on the 28th, so we're talking about this -- within 24 10 hours. Is that if all of my animals are the same, my 11 facility is the same or improved, my insurance is still the 12 same, there is no reason why my renewal should be anything 13 more than $50 for all 12 animals for the year, not $50 per 14 animal. And I should not have to submit the same information 15 to the County over and over and over and over again. 16 When a new adult animal comes to my facility, I 17 will be happy to submit all new photos and paperwork and pay 18 the initial $50 fee, and continue to work with Kerr County 19 Animal Control. But Rob has demonstrated, not only in his 20 actions, but in his words, like when he called me a coward in 21 my deposition, that he cannot be fair, impartial, or just. 22 And I do not want to receive another animal (sic) from Kerr 23 County Animal Control that starts off, "Rob says." Rob needs 24 to be removed from handling everything pertaining to me and 25 Hatari Safari and the affairs of Kerr County Animal Control, 1-28-13 85 1 and Kerr County Animal Control needs to be allowed to do the 2 job that they were trained to do and run the dangerous wild 3 animals. 4 JUDGE TINLEY: Ms. Tuma, have you made an 5 application for a renewal of whatever license or 6 certificate -- 7 MS. TUMA: I have one on me right now. 8 JUDGE TINLEY: Pardon? 9 MS. TUMA: I have one on me right now, but I have 10 not submitted it to the county as of -- because technically, 11 it was due yesterday, and I was out of town last week, so 12 today is the first time that I've got to come to the 13 Commissioners and discuss this and talk about the fees. 14 Because if I would have registered last week, before I got to 15 speak to the County Commissioners, I would have had to pay 16 over $500 again. And there's also an issue with the 17 certificate. We were having problems. Once you get 18 registered for the animals, you have to send in your 19 certificate to the state, and we had a problem with the 20 state; the certificate was never showing up, and we couldn't 21 figure out why. And it turned out that we had the wrong 22 address, or Kerr County did. So, Janie got the correct 23 address with one form, and then the old form got sent back 24 in. So, I told this to Charity, and Charity says, "No, Rob 25 says to keep using the old form," even though the State told 1-28-13 86 1 me to use the new form. Which it's just a small difference, 2 but it's just little things like this that just keep 3 happening over and over and over again. And Kerr County 4 Animal Control isn't allowed to make the judgment call. They 5 literally -- Janie couldn't even write me one sentence that's 6 public record saying, "No, in four years, Amy Tuma's animals 7 have never gotten out," without asking Rob's permission. And 8 then Rob wouldn't even let her write one statement that's 9 public record. 10 JUDGE TINLEY: Well, let me get back to my 11 question. 12 MS. TUMA: Sorry. 13 JUDGE TINLEY: In order to maintain your facility 14 under the -- what's it called, Dangerous Wild Animal statute? 15 MS. TUMA: 822. 16 JUDGE TINLEY: You -- you need to reapply for the 17 coming year; is that correct? 18 MS. TUMA: They ask that you submit a renewal. 19 It's -- 20 JUDGE TINLEY: Okay. 21 MS. TUMA: It's the same application. And 22 basically, when Charity came, I said, you know, "Here's the 23 renewal." It's the same form that we use. We just literally 24 registered two animals less than 30 days ago, so I -- 25 literally, we just did all this 30 days ago. So I was, like, 1-28-13 87 1 "Do we need to give you the same paperwork again? This is 2 like the 12th time I've done it this year." She was like, "I 3 don't see why we'd have to do the same paperwork for the 12th 4 time, as long as we know it's the same animals, but I have to 5 check with Rob." 6 JUDGE TINLEY: So, are you telling me that you have 7 applied for renewal? 8 MS. TUMA: No, I have it with me right now. 9 JUDGE TINLEY: Okay. Well, I'm not sure there's 10 anything the Court can do about your renewal unless and until 11 you apply for it. And then if there's some problem there, -- 12 MS. TUMA: Okay. What about the fees? 13 JUDGE TINLEY: -- then you come back and -- and -- 14 MS. TUMA: 822 allows the County to decide what the 15 fees would be. And right now they're asking for $500, and I 16 would like to pay $50 for a renewal instead of $500. 17 JUDGE TINLEY: What have you paid in the past? 18 MS. TUMA: The animals have been coming each at a 19 time, so originally, when we made the original settlement, I 20 didn't have to pay anything. And then when I got the new -- 21 I've gotten four or five new animals in the course of 2011 to 22 2012, and I've paid for the new animals. 23 JUDGE TINLEY: Okay. How much did you pay for the 24 new animals? 25 MS. TUMA: $50 a piece. 1-28-13 88 1 JUDGE TINLEY: Per animal? 2 MS. TUMA: Per animal, yes. 3 JUDGE TINLEY: And that's what is -- is being 4 sought from you now, $50 per animal? 5 MS. TUMA: Per animal for renewal. 6 JUDGE TINLEY: And when you add an animal under the 7 provision that you can keep it for a period of two weeks, I 8 believe, before you've got to -- 9 MS. TUMA: Right, before it's -- 10 JUDGE TINLEY: If there's one added, you pay $50 to 11 add it? 12 MS. TUMA: Right. Right. 13 JUDGE TINLEY: At the time -- at the time the Court 14 adopted -- took its action on the dangerous wild animal 15 statute and allowed them here in Kerr County, -- 16 MS. TUMA: Right. 17 JUDGE TINLEY: -- and set the fee, what did the 18 court order provide, to your understanding? 19 MS. TUMA: We didn't even -- it didn't even come up 20 in discussion. It was discussed with the lawyers, but it was 21 never part of the settlement, what the fee would be. 22 JUDGE TINLEY: I'm talking about when the 23 Commissioners Court took its action to permit these animals 24 in Kerr County under the Dangerous Wild Animal statute, and 25 -- and the Court had the ability -- the Commissioners 1-28-13 89 1 Court -- to establish the fee, what fee was established by 2 this Commissioners Court? 3 MS. TUMA: I believe they just went with what the 4 policy says, $50 up to $500 for all the animals in accordance 5 with whatever -- it reads almost word-for-word, whatever the 6 Commissioners feel is appropriate for administrative -- to 7 cover administrative costs. 8 JUDGE TINLEY: Okay. So, what I'm understanding 9 from you, it was up to $50 per animal, but not to exceed $500 10 for all animals for a given licensee? 11 MS. TUMA: Right. 12 JUDGE TINLEY: Or certificate holder, whatever it 13 may be. 14 MS. TUMA: And as it is right now, I'm at -- if I 15 -- because all my animals come up at different times, so I've 16 got, like, five that come up right now in January. I've got 17 three that come up in April. I've got two that are going to 18 come up in December. I'm still getting charged the full 19 amount, and actually over $500, because my animals are all 20 spread out through the year. So, I wanted to consolidate 21 everything and just say these are the animals I have right 22 now. Let's do it for a whole year. Let's just -- $50. We 23 know there's no cost for the County. $50 will cover my 24 renewal, and then, like I said, when I bring in a new animal, 25 I don't mind paying the $50. But the renewal, it's just -- 1-28-13 90 1 it's going to eat me alive in costs every time, because, like 2 I said, they're all different months. 3 COMMISSIONER MOSER: So, all the animals you have 4 now have been covered by $50 each? 5 MS. TUMA: Yes. 6 COMMISSIONER MOSER: And so what you're requesting 7 is $50 to cover all animals which are currently -- 8 MS. TUMA: Exactly. 9 COMMISSIONER MOSER: -- there? 10 MS. TUMA: All animals that are up for renewal. 11 Instead of having to pay $50 per animal. 12 COMMISSIONER MOSER: Per year. 13 MS. TUMA: Yeah. Let's just do $50 for what I have 14 at the time of my renewal, and go from there. 15 JUDGE TINLEY: Well, if your understanding of the 16 court order that this Commissioners Court established is that 17 the -- the charge imposed is up to $50 per animal -- per 18 year, I assume? 19 MS. TUMA: Right. 20 JUDGE TINLEY: With a maximum of $500 total for all 21 animals, if it -- if it's capped at that, I assume? 22 MS. TUMA: Yes. 23 JUDGE TINLEY: It occurs to me that we -- there 24 would have to be a change of that court order to accomplish 25 the $50. 1-28-13 91 1 MS. TUMA: Well, 822 allows the County to decide 2 the cost based on the administration costs. If Rob is pulled 3 out of the equation and isn't billing hours every time Animal 4 Control has a question, there is no administrative cost to 5 the County, so 822 allows the County to decide what the fees 6 are. 7 JUDGE TINLEY: Okay. Well, in either event, it 8 would -- it would require this Court to make a determination 9 -- or redetermination of that administrative cost, correct? 10 MS. TUMA: Yes. 11 JUDGE TINLEY: Okay. My suggestion to you would be 12 file your renewal request, application, whatever it may be, 13 and then if -- and at this point, I -- I think you got to 14 live with the 500. 15 MS. TUMA: Okay. 16 JUDGE TINLEY: Based upon -- I assume everybody 17 else is paying a per-animal $50 cost? 18 MS. TUMA: Most facilities that are run like me are 19 all given exemptions, so they don't pay anything. 20 JUDGE TINLEY: Well, no, I'm talking about here in 21 Kerr County. 22 MS. TUMA: Yes. In Kerr County, I'm the only one 23 any more, so it's just me. 24 JUDGE TINLEY: There's no other certificate holders 25 here in Kerr County? 1-28-13 92 1 MS. TUMA: That's what I was told by Animal 2 Control. 3 JUDGE TINLEY: Okay. Okay. 4 MS. TUMA: It's just me. 5 JUDGE TINLEY: My suggestion would be that you file 6 it. 7 MS. TUMA: Okay. 8 JUDGE TINLEY: And then if you run into some sort 9 of difficulty that you're not being afforded proper 10 consideration under either the statute or this Court's 11 orders, then you bring it back to us so that we can take 12 action. But -- 13 MS. TUMA: And what about the actions that have 14 been occurring? 15 JUDGE TINLEY: Well, the -- the agenda item deals 16 with the renewal of the Dangerous Wild Animals permit, and 17 that's what we're focused on here today. 18 MS. TUMA: Right. 19 JUDGE TINLEY: And I assume you want to accomplish 20 that? 21 MS. TUMA: Yes, I want to get everything taken care 22 of so we don't have to keep going through this all year long 23 like I did last year. 24 JUDGE TINLEY: I understand. I want to help you 25 accomplish that. 1-28-13 93 1 MS. TUMA: Okay. 2 JUDGE TINLEY: And hopefully do so without more 3 litigation. But you've got to file your application or your 4 renewal request, or whatever it may be, in order for anybody 5 to take any action on it. 6 MS. TUMA: Okay. 7 JUDGE TINLEY: Animal Control people, whether it be 8 under guidance from someone else or not, until you file it 9 and request it, there's nobody can do anything with it. 10 MS. TUMA: Okay. 11 JUDGE TINLEY: So I think a necessary first step is 12 you got to file it. You got to request it. 13 MS. TUMA: Okay. 14 JUDGE TINLEY: And then if you run into a problem, 15 get back on the agenda, and -- and hopefully it won't be 16 necessary. Hopefully things will work okay. 17 MS. TUMA: Okay. So, my question is, like I said, 18 right now there's only, I believe, five animals that are up. 19 Is there any way we can discuss or decide now if we can 20 consolidate the whole year, so instead of having to go 21 through this renewal process when this animal comes up or 22 this animal comes up or this animal comes up, when we begin a 23 year, I still have the same animals. The animals in my 24 facility pretty much stay there till the end of their life. 25 That's what a shelter does. And so I'm trying to consolidate 1-28-13 94 1 everything. Instead of giving the County the same paperwork 2 20 times, I'm asking the Commissioners, do they see a reason 3 why I have to submit the same pictures, the same insurance, 4 when it's already on file? 5 JUDGE TINLEY: Well, insurance, for example, is 6 renewed annually. And, of course, you'd have to furnish a -- 7 MS. TUMA: Right, and the County has the insurance 8 from 30 days ago. It's the same policy. It doesn't expire 9 until August. 10 JUDGE TINLEY: With regard to -- and I don't have 11 the court order in front of me by which the -- the fees were 12 established, the $50 and the $500, but it occurs to me that 13 once you pay $500 in any one year, and that could be a 14 calendar year, a fiscal year, whatever, you're capped. 15 MS. TUMA: Right. Last year I paid 600. 16 JUDGE TINLEY: Pardon? 17 MS. TUMA: Last year I paid 600. 18 JUDGE TINLEY: Well, it seems to me if we -- if 19 we've put in place a cap of $500 under a court order -- and, 20 like I say, I don't have the court order in front of me. 21 MS. TUMA: Right. 22 JUDGE TINLEY: But if we put in place a court order 23 that has a cap of $500 per year, once you reach that, you're 24 carrying the load insofar as the administrative cost as 25 determined by the Court under that court order. 1-28-13 95 1 MS. TUMA: Okay. 2 JUDGE TINLEY: So -- but we -- you got to file the 3 request. You got to file it, or nobody can do anything with 4 it. 5 MS. TUMA: Okay. And about it being -- like I 6 said. With it being the same date and everything, I wanted 7 to come and talk to you and try to nip this in the bud before 8 I turn in my renewal and I give them the same paperwork and 9 we do these fees and, you know, we're starting the same game 10 that we've been playing for almost two years. 11 JUDGE TINLEY: Well, whatever the statute requires, 12 and -- and as clarified by the Court's order, you comply with 13 that, and I'd say you're good to go. 14 MS. TUMA: Okay. And as far as the issues that 15 I've been having, do we need to make another time on the 16 Commissioners Court to address those issues? 17 JUDGE TINLEY: Possibly. 18 MS. TUMA: Okay. 19 JUDGE TINLEY: Possibly. 20 COMMISSIONER LETZ: What issues are you talking 21 about? Mr. Henneke? 22 MS. TUMA: Yes. 23 COMMISSIONER LETZ: Mr. Henneke's the County 24 Attorney. You can talk to the voters. 25 MS. TUMA: Okay. 1-28-13 96 1 COMMISSIONER LETZ: As far as our standpoint, he 2 represents Commissioners Court, and he represents the County 3 for, you know, county court or county attorney issues. 4 MS. TUMA: So, any violations that I feel are of 5 the settlement, I take that to the people, or do I take that 6 to the County Commissioners? 7 COMMISSIONER LETZ: This body can do nothing, to my 8 knowledge, about any of that stuff you have. There may be 9 other remedies. 10 COMMISSIONER BALDWIN: We'll have to talk to the 11 County Attorney about that. 12 COMMISSIONER LETZ: Yeah. 13 MS. TUMA: So, who -- who holds him accountable, 14 then, -- 15 COMMISSIONER LETZ: The voters. 16 JUDGE TINLEY: Voters. 17 MS. TUMA: -- if you guys don't? The voters do, so 18 we need to take it to the public, then, and let them know 19 what's going on? 20 JUDGE TINLEY: Well -- 21 MS. TUMA: I'm just trying to figure out who gets 22 held accountable for, you know, me getting treated poorly. 23 JUDGE TINLEY: Make your application or request for 24 renewal. 25 MS. TUMA: Okay. 1-28-13 97 1 JUDGE TINLEY: And let's see if that doesn't start 2 going forward on a smoother basis. 3 MS. TUMA: Okay. 4 COMMISSIONER MOSER: And verify that it is $500. 5 It may be less than that. Or whatever it is, stick with the 6 court order. 7 JUDGE TINLEY: Yeah. Make sure you follow that 8 court order insofar as the fees are concerned. 9 MS. TUMA: Okay. 10 JUDGE TINLEY: Okay? 11 MS. TUMA: Thank you, guys. 12 JUDGE TINLEY: Thank you, ma'am. 13 COMMISSIONER MOSER: Thank you. 14 JUDGE TINLEY: Okay. Now, let me see if we can get 15 back -- uh-huh, Item 3. We're moving right along here, 16 folks. Consider, discuss, take appropriate action to accept 17 the resignation of Linda Uecker as Law Librarian; consider 18 and take action to appoint Robbin Burlew as Kerr County Law 19 Librarian effective February the 1st, 2013. 20 MS. BURLEW: Yes, sir. How are you? 21 JUDGE TINLEY: You know how to supplement those law 22 books? 23 MS. BURLEW: Yes, sir. 24 JUDGE TINLEY: Okay. 25 COMMISSIONER BALDWIN: This appointment is 1-28-13 98 1 permanent? 2 JUDGE TINLEY: It wouldn't be interim, as far as I 3 know. 4 COMMISSIONER BALDWIN: That's what I'm asking. 5 JUDGE TINLEY: Mm-hmm. 6 COMMISSIONER LETZ: I think we need to kind of look 7 at the whole issue. I mean, I -- to me, the Law Librarian is 8 a stipend that we grant, but it's kind of always been under 9 the authority, or I guess guidance of the District Clerk as 10 long as I've been a commissioner. And my preference is to 11 wait till we get a new District Clerk appointed, and then 12 discuss it with that person as well. I mean, I don't think 13 it's necessarily a function of this clerk, but it's always 14 been that way. And I don't -- you know, as to how that goes, 15 because it's a -- currently, it's a stipend that goes to the 16 District Clerk. So, that's my feeling. My preference is no 17 action at this time until we know who the new District Clerk 18 is, and then visit with that person as well. 19 COMMISSIONER BALDWIN: Back to the court orders, is 20 there a court order that says that payment is made to the 21 District Clerk? 22 JUDGE TINLEY: No. I say that. As I recall, 23 specifically, the named individual, Linda Uecker, is 24 appointed as Law Librarian. 25 COMMISSIONER BALDWIN: When -- when will there be a 1-28-13 99 1 new District Clerk named? 2 JUDGE TINLEY: Well, inasmuch as Ms. Uecker's term 3 of service under her notice to the Court, it needs to be made 4 by February the 1st, which is just right down the road. 5 COMMISSIONER BALDWIN: Pretty soon, isn't it? 6 COMMISSIONER OEHLER: Friday. 7 COMMISSIONER LETZ: I mean, my preference is to 8 wait. 9 COMMISSIONER MOSER: I agree with you, 10 Commissioner. 11 MS. BURLEW: You think put this back on the agenda 12 once we have a District Clerk in place? 13 COMMISSIONER LETZ: Yeah. I think a decision needs 14 to be made as to who's going to do it, because it's not a 15 function of the District Clerk. But it doesn't matter, but I 16 think that's -- you know, it's a way to do it. 17 MS. BURLEW: Wait and see who that person is, and 18 then come forward? 19 COMMISSIONER LETZ: Right. 20 MS. BURLEW: Okay. 21 JUDGE TINLEY: Thank you, ma'am. 22 MS. BURLEW: I will do that. Thank you. 23 JUDGE TINLEY: Let's go to Item 4; to consider, 24 discuss, take appropriate action regarding a proclamation to 25 honor Kerr County District Clerk Linda Uecker for her 1-28-13 100 1 dedicated service to Kerr County. Commissioner Oehler, you 2 placed this on the agenda. 3 COMMISSIONER OEHLER: Yeah, I did. And I don't 4 have a copy of it; maybe you do. 5 JUDGE TINLEY: I do, and I'll be happy to read into 6 the record the resolution of the Kerr County Commissioners 7 Court honoring District Clerk Linda Uecker for her service to 8 the citizens of Kerr County. "Whereas, Linda Uecker has 9 served the citizens of Kerr County as District Clerk for the 10 past 26-plus years; and whereas, Linda Uecker has been a Kerr 11 County employee for the past 44 and one-half years, working 12 in the Kerr County Clerk's office for eight years, and the 13 remaining years in the District Clerk's Office; and whereas, 14 Linda served as president of the Texas District Court 15 Alliance for eight years; and whereas, Linda was a member of 16 various other professional organizations and served in 17 leadership roles in many of the organizations over the past 18 four decades; and whereas, Linda was recognized as the 19 District Clerk of the year in Texas in 1997; and whereas, 20 Linda is recognized for her expertise on court procedure 21 throughout the state of Texas, and often mentors elected 22 state officials on that topic; now, therefore, be it resolved 23 that the Kerr County Commissioners Court honors and pays 24 tribute to Linda Uecker for her years of unselfish and 25 dedicated service to the citizens of Kerr County and the 1-28-13 101 1 residents of the state of Texas, and wishes her well on her 2 retirement effective January 31, 2013." Do I hear a motion 3 for approval of the resolution? 4 COMMISSIONER LETZ: Move approval. 5 COMMISSIONER OEHLER: Second. 6 COMMISSIONER LETZ: My motion, and he seconded. 7 JUDGE TINLEY: Motion made and seconded for 8 adoption of the resolution. Question or discussion? All in 9 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: That motion does carry. 14 COMMISSIONER BALDWIN: I'm assuming that will be 15 read to her Friday? 16 JUDGE TINLEY: Well -- 17 COMMISSIONER OEHLER: Thursday. 18 COMMISSIONER LETZ: Thursday is the 31st. 19 COMMISSIONER OEHLER: I will not be here. I will 20 be out of town, so somebody will have to -- I figured the 21 Judge or somebody. 22 COMMISSIONER BALDWIN: Well, there's five or six of 23 us that can read. 24 JUDGE TINLEY: Yeah. 25 COMMISSIONER OEHLER: Yeah, maybe. 1-28-13 102 1 JUDGE TINLEY: Okay. Anything else on that item, 2 gentlemen? Let's go to Item 8; to consider, discuss, take 3 appropriate action to accept the 2012 Partial Exemption 4 Racial Profiling report for Constable, Precinct 4. 5 COMMISSIONER OEHLER: Don't look at me; he's got 6 it. 7 COMMISSIONER LETZ: Right there. It's on here. 8 COMMISSIONER OEHLER: Okay. 9 COMMISSIONER LETZ: I'll make a motion we accept 10 the racial profiling report as submitted. 11 COMMISSIONER OEHLER: Second. 12 JUDGE TINLEY: Motion made and seconded for 13 approval of the agenda item. Question or discussion? All in 14 favor, signify by raising your right hand. 15 (The motion carried by unanimous vote.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: Motion carries. Item 9; consider, 19 discuss, and take appropriate action regarding the possible 20 judicial redistricting to be presented to the 2013 Texas 21 Legislature and resolution in support thereof to achieve more 22 timely and effective disposition of cases in Kerr County. 23 I'm going to pass on this one. We're going to expand that 24 resolution so that it's more appropriately geared towards 25 Kerr County, so we're going to bring that one back. 1-28-13 103 1 COMMISSIONER LETZ: Judge, on this, a quick 2 question, if I might. I don't mean to slow you down, but is 3 there a bill that's been filed related to this yet? 4 JUDGE TINLEY: My understanding, there is, for the 5 court to be comprised of the five northern and/or western 6 counties which now comprise the 198th to be a separate 7 district court. That would be Edwards, Kimble, Menard, 8 Mason, and McCullough Counties. The net effect of that would 9 be to leave the 198th here in Kerr County only, but as part 10 and parcel of that, the consideration and consensus seems to 11 be that Bandera would come in as part of the 198th, which 12 would free up the 216th so that it only includes Kerr, 13 Kendall, and Gillespie. That's the whole plan. 14 COMMISSIONER LETZ: That's the plan? 15 COMMISSIONER MOSER: What does this mean to us as 16 far as expenses? 17 JUDGE TINLEY: Probably not a great deal of 18 difference, because what we're going to get with Bandera's 19 participation in the 198th is going to be pretty close to 20 equal that of the five northern counties. They don't 21 participate a whole lot. We'll probably get a little heavier 22 expense load, but we'll get a lot more judicial access, too. 23 With regard to the 216th, that'll be modified, because we'll 24 lose the participation of Bandera in the 216th. But, here 25 again, it's going to help equalize those dockets. 1-28-13 104 1 COMMISSIONER MOSER: But it helps from -- helps the 2 Sheriff with his holdovers and -- 3 COMMISSIONER LETZ: And indirectly should be a 4 positive. 5 COMMISSIONER MOSER: Right. That's -- okay. 6 COMMISSIONER LETZ: Should be. 7 JUDGE TINLEY: Yeah. The whole objective is to 8 obtain more judicial access time here in Kerr County so that 9 we can move those cases. 10 COMMISSIONER MOSER: Okay, good. 11 JUDGE TINLEY: Okay. Anything further on that, 12 gentlemen? Let's go to Item 11; to consider, discuss, take 13 appropriate action to nominate someone to fill a vacancy on 14 the Kerr Central Appraisal District Board of Directors due to 15 the resignation of Kirk Griffin. I put this on the agenda. 16 I got a late notification that this may have already been 17 accomplished; I don't know. Is Ms. Bolin still here? No. 18 It talks about filling the vacancy within 40 days after 19 receiving notice from the KCAD Board of Directors. Well, 20 that notice that was recently received, it was dated December 21 7, so who knows what's occurred there? Does any member of 22 the Court have a -- have a nominee that they wish to propose? 23 COMMISSIONER MOSER: I thought about this, and it 24 looks -- the school districts are represented. Center Point 25 Independent School District is not -- has not submitted a 1-28-13 105 1 name from there. I asked if there was one; I did not receive 2 one. But is our 40 days -- we're getting close to being up 3 on the 40 days, right? 4 JUDGE TINLEY: Yeah, from December 7. 5 COMMISSIONER MOSER: Is this a moot point? 6 JUDGE TINLEY: I don't know. 7 COMMISSIONER LETZ: I mean, the traditional -- was 8 Kirk the Hunt representative? I mean, traditionally, the 9 school districts have gotten together, and outside of 10 K.I.S.D. They get their own two, but the other school 11 districts get together and nominate someone amongst those 12 superintendents, and then that person is who we would 13 support, because -- 14 COMMISSIONER MOSER: Yeah, right. 15 COMMISSIONER OEHLER: We give them an extra -- 16 COMMISSIONER LETZ: Extra vote. 17 COMMISSIONER OEHLER: -- vote to make -- to get 18 them a representative. 19 COMMISSIONER LETZ: Right. So, I mean, yeah, and 20 what the school districts -- it's always been up to the 21 school districts. 22 COMMISSIONER MOSER: Okay. I don't have a problem 23 with that. 24 COMMISSIONER BALDWIN: Are they doing something? 25 COMMISSIONER OEHLER: I doubt it. Evidently not. 1-28-13 106 1 JUDGE TINLEY: You know, I've not been notified of 2 them putting up any nominees, so I'm not sure what, if 3 anything, we can do. 4 COMMISSIONER MOSER: Or if there's anything we can 5 do since the 40 days is up. 6 COMMISSIONER OEHLER: They can still function 7 without it. 8 JUDGE TINLEY: Okay. 9 COMMISSIONER MOSER: Okay. 10 JUDGE TINLEY: Let's move on. Item 13; consider, 11 discuss, take appropriate action regarding a resolution in 12 support of South Texas counties in Eagle Ford Shale play 13 area. I put this on the agenda as a result of a request from 14 some of our southern counties that comprise some of the AACOG 15 counties. It deals with the infrastructure issues that the 16 Eagle Ford Shale has been creating in their counties, and 17 they are asking for consideration through the Texas 18 Transportation Commission and Legislative Budget Board to 19 give them additional assistance for the repair and 20 rehabilitation of their roads that are being chewed up by all 21 that oil field traffic down there. The good news is, we 22 don't have that occurring here in Kerr County, even though 23 they seek our support of their plight. The bad news is, we 24 don't have that occurring here in Kerr County, because we 25 don't have the -- we don't have the oil play going on here. 1-28-13 107 1 But -- 2 COMMISSIONER LETZ: Judge, this is a -- I 3 understand their problem, but at the same time -- and maybe 4 there's a time lag, and I presume there is, where they're 5 about to get a huge amount of additional revenue in those 6 counties from property taxes. And the oil and gas is taxed; 7 since these reserves are there, they get taxed. So, that's 8 why, you know, districts like -- or areas like Odessa has 9 Greyhound buses for their football teams. As property values 10 go up, their property value's going to go through the roof. 11 There could be a time lag in that happening. I presume there 12 is. But, I mean, they have a lot of money coming in, and I 13 know -- you know, I'm sure they have issues, but -- 14 COMMISSIONER MOSER: This same thing happened in 15 the Fort Worth area, too, where all the heavy equipment was 16 tearing up, and I don't know what -- if that still exists, or 17 if it's like Jonathan says; their, you know, increased 18 revenue took care of fixing those problems. 19 COMMISSIONER LETZ: They got a lot of nice roads 20 around Fort Worth now. 21 COMMISSIONER MOSER: Yeah. So -- yeah. I don't 22 know why we need to take any action. 23 COMMISSIONER LETZ: I mean, I don't want to, but I 24 understand. 25 JUDGE TINLEY: The Eagle Ford Shale counties that I 1-28-13 108 1 work with down at AACOG asked that I bring this before the 2 Court, and it's for the Court's consideration. If they 3 choose to adopt it, that's fine. If they choose not to adopt 4 it, why -- 5 COMMISSIONER BALDWIN: Judge, it won't -- it won't 6 hurt us in any way to do that, though. 7 COMMISSIONER LETZ: I guess -- 8 JUDGE TINLEY: Be a matter in support of those 9 counties that are having difficulty. 10 COMMISSIONER BALDWIN: Will they throw you out if 11 we don't do it? 12 JUDGE TINLEY: I don't think so. No, I just got -- 13 I just got -- they just elected me chairman of the area 14 judges down there -- 15 COMMISSIONER BALDWIN: Oh, god. 16 JUDGE TINLEY: -- last week, so you're in trouble 17 again. 18 COMMISSIONER LETZ: I guess I look at it as a 19 possible negative. If there's a very limited road fund up 20 there, I'd hate for them to start funneling some money that 21 could come our way to another county. 22 COMMISSIONER MOSER: And compete with other places 23 in the state. 24 COMMISSIONER LETZ: If it was a very specific 25 resolution to -- you know, for a short term, I'd go along, 1-28-13 109 1 but as written, I don't -- and the mayor is jumping up and 2 down in the back wanting to say something. 3 MAYOR PRATT: The only thing I'd add to this is you 4 talk about property tax, but royalty is a new tax that 5 they've never collected on, and they're collecting a whole 6 lot -- 7 JUDGE TINLEY: Severance tax. 8 MAYOR PRATT: -- also in Karnes County. 9 JUDGE TINLEY: The Karnes County Judge indicated to 10 me that already they had sent 66 million in new severance 11 taxes up to the state, and in return, they'd gotten an 12 increase for something dealing with their TexDOT allocations 13 of $130,000 or something. They did not think that was 14 totally equitable, for some reason. I can't understand it. 15 But Judge Shaw says -- those were her numbers. Yeah, it's -- 16 and the unfortunate thing about the school districts is 17 they're frozen -- they're frozen under Robin Hood, which is 18 probably going to go by the boards under -- there was a 19 first-tier Robin Hood determination of values, and then a 20 second-tier determination which was even lower, because it 21 was made at a time when property values were declining, and 22 so they're stuck with that, and all this additional value 23 they got to ship into the state. So, the county's maybe 24 benefiting from enhanced value, but the school districts are 25 really getting their noses thumbed at them. And -- well, 1-28-13 110 1 I've got opinions about Robin Hood that I probably would take 2 more time than we've got available today. Those are 3 depleting assets, and I don't think it's appropriate for 4 Robin Hood to apply. But Robin Hood is going to go by the 5 boards anyway under the state litigation that's going on now. 6 I don't know what the Legislature's going to do to fix it. I 7 don't know if there is a solution to fix it that they can 8 find. I don't have that much confidence, very frankly. 9 COMMISSIONER LETZ: Judge, my thought would be if 10 they'd be more specific -- you can take this back to your 11 judges down there -- very specific as to where the "resolved" 12 is, as to where that money's coming from. It's very general. 13 If they ask for initial money to come from somewhere, they 14 talk up in the whereases about severance. 15 JUDGE TINLEY: Yeah. 16 COMMISSIONER LETZ: But if they would be -- say we 17 want this for -- be very specific, it would be more palatable 18 to me. 19 COMMISSIONER MOSER: I agree with that. 20 JUDGE TINLEY: Okay. Anybody else want to offer a 21 motion? Okay, let's move on. Item 15; to consider, discuss, 22 take appropriate action to approve contracts for another year 23 with AirLIFE and Air Evac by offering payroll deduction to 24 employees through county payroll system, allow County Judge 25 to sign same. Ms. Lantz? 1-28-13 111 1 MS. LANTZ: Both of these programs we've been doing 2 in the past. We started, I believe, in 2009. And I've had 3 several requests to renew this, so I'm bringing it to the 4 Court to renew the membership again with AirLIFE and Air 5 Evac. It's no cost to the County. The employee pays 100 6 percent of it. 7 JUDGE TINLEY: Are those -- are those membership 8 fees the same as have been in place in -- in past years? 9 MS. LANTZ: Yes, sir. It's going to be $45 per 10 household on the Air Evac, and $40 per single membership. 11 And then for Air Guardian Life is a $10 membership fee for 12 the year. 13 JUDGE TINLEY: Did we ever figure out why there's a 14 vast difference between those two? 15 COMMISSIONER OEHLER: One's a for-profit and one's 16 a nonprofit. 17 COMMISSIONER BALDWIN: That's right. That's 18 correct. That's what we were told. 19 JUDGE TINLEY: Pretty good profit margin, it would 20 seem to me. 21 COMMISSIONER MOSER: So, the employees pay 100 22 percent. Is this is less than what somebody that's not a 23 county employee pays? 24 MS. LANTZ: Yes, sir. 25 COMMISSIONER MOSER: Okay. So, it's an advantage 1-28-13 112 1 to all county employees to do this for some few dollars per 2 month. I think it's -- 3 MS. LANTZ: If they'd like to participate. 4 COMMISSIONER MOSER: Right. Okay. 5 JUDGE TINLEY: Yeah, they -- if we do it through 6 payroll deduction, they just make one gross remittance, and 7 we get a significant break. 8 MS. LANTZ: And it usually renews in March, March 9 the 1st. 10 COMMISSIONER MOSER: Okay. 11 MS. LANTZ: They usually send us the contracts end 12 of January, first of February. 13 COMMISSIONER MOSER: Okay. So, it's a good deal 14 for the employees. 15 COMMISSIONER BALDWIN: I move for approval. 16 COMMISSIONER OEHLER: Second. 17 JUDGE TINLEY: Motion made and seconded for 18 approval. Question or discussion? All in favor, signify by 19 raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: Motion carries. Let's go to Item 24 16; to consider, discuss, take appropriate action to approve 25 Human Resources county job description not previously 1-28-13 113 1 approved by Commissioners Court. Ms. Lantz? 2 MS. LANTZ: After reviewing our records, the job 3 descriptions which are in Human Resources, I have two -- two 4 job descriptions, and they're both just generalized clerk 5 positions. It doesn't specify what their jobs are, just 6 mainly secretarial duties. What I've done, the part-time 7 position that do I have in the budget right now, Jackie 8 retired, and I don't plan on filling that position. So, what 9 I have done is just broadened it where the responsibilities 10 go into one job description, and between the one employee I 11 have in there and myself, we're going to be managing the 12 Human Resources Department. And so, with that request, I 13 would just like the job description to be approved. 14 COMMISSIONER MOSER: It's all within the budget? 15 MS. LANTZ: Yes, sir. 16 COMMISSIONER MOSER: Basically, what we've done 17 numerous times; we've reduced staff, increased pay for those 18 that are keeping -- picking up the -- 19 JUDGE TINLEY: That's the next item, yeah. Right 20 now she's asking for a job description to be approved, which 21 is an enhanced job description for this employee in that 22 position. 23 MS. LANTZ: Yes, sir. There is a little bit more 24 responsibility as far as what the job duties do incur. With 25 that, I would like to request for the future under this job 1-28-13 114 1 description, if this position is filled by someone else, if 2 the person that I currently have decides to leave or stay, 3 whatever, that we start this position at a step and grade of 4 19.1. So, it's actually -- right now, both of the positions 5 I had were just a general 17 clerk position. 6 COMMISSIONER LETZ: So, you're eliminating -- 7 JUDGE TINLEY: Wait a minute. Wait a minute. 8 We're getting into the next agenda item, really. 9 MS. LANTZ: But I had this on the -- the actual job 10 description, so I just wanted that to be brought up. 11 COMMISSIONER LETZ: Step and grade is part of the 12 job description. 13 JUDGE TINLEY: Okay. 14 COMMISSIONER LETZ: So -- so you're getting -- 15 basically taking -- getting rid of a 17 and creating -- two 16 17's, and creating a 19? 17 MS. LANTZ: Yes, sir. 18 COMMISSIONER LETZ: Move approval. 19 COMMISSIONER MOSER: Second. 20 COMMISSIONER BALDWIN: Second. 21 JUDGE TINLEY: Motion made and seconded for 22 approval. Question or discussion? 23 COMMISSIONER BALDWIN: 17 -- is it a 17.0? 17.9? 24 MS. LANTZ: Where the position started at right 25 now? Or where -- 1-28-13 115 1 COMMISSIONER BALDWIN: Yeah, that we're getting rid 2 of. 3 MS. LANTZ: A 17.3 is what it is right now. 4 JUDGE TINLEY: Other question or discussion? 5 COMMISSIONER BALDWIN: Well, yeah. Yeah, I got one 6 more question there. 7 (Commissioner Oehler left the courtroom.) 8 JUDGE TINLEY: Okay. 9 COMMISSIONER BALDWIN: How does that compare to the 10 19.1? Is there -- what -- is there anything in the 17's that 11 equals 19.1? 12 JUDGE TINLEY: Mm-hmm. 13 COMMISSIONER MOSER: Just spreads it. 14 MS. LANTZ: Yes, it just -- 15 COMMISSIONER BALDWIN: Okay. Where? Where -- what 16 in 17 would equal 19.1? 17 MS. LANTZ: That's in the next... 18 COMMISSIONER BALDWIN: My point is -- 19 MS. LANTZ: I'm just looking on the step and grade. 20 JUDGE TINLEY: I think it would be 17.5, wouldn't 21 it? Don't you have four, two and a half steps? 22 MS. LANTZ: Yes, sir, it is a 17.5. 23 COMMISSIONER BALDWIN: So, as far as actual money 24 the lady takes home, you -- it's not much. 25 MS. LANTZ: It's not much, no, sir. 1-28-13 116 1 JUDGE TINLEY: No. 2 COMMISSIONER BALDWIN: Very -- it sounds like -- 3 from 17.3 to 19.1, sounds like you're getting a huge raise, 4 but you're really not. It's not much at all. 5 JUDGE TINLEY: No. 6 COMMISSIONER BALDWIN: Okay. 7 MS. LANTZ: Not for the duties that I've requested 8 in the job description. 9 COMMISSIONER BALDWIN: Yes, ma'am. Appreciate your 10 hard work with that. 11 JUDGE TINLEY: Any other questions or comments? 12 All in favor of the motion, signify by raising your right 13 hand. 14 (The motion carried by unanimous vote.) 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: Motion carries. 18 (Commissioner Oehler returned to court.) 19 JUDGE TINLEY: Item 17 is consider, discuss, take 20 appropriate action regarding restructuring position schedule 21 of Human Resources Department and modifying step and grade of 22 existing employee under the new job description. That brings 23 us to what you were talking about, Commissioner. 24 COMMISSIONER BALDWIN: Yes, sir. 25 MS. LANTZ: And this is where I'm requesting that 1-28-13 117 1 the current employee, who is a 17.3, go to the actual 19. 2 However, I would like for her to keep the grade of 3, which 3 by doing that, it's not reflecting a large increase; about a 4 $2,500 increase that's coming out of my budget. However, in 5 the overall, it's going to be about a 2,400 -- or $24,000 6 savings for the year. 7 JUDGE TINLEY: By the elimination of the one 8 employee. 9 MS. LANTZ: And that's not counting retirement and 10 benefits; that's strictly salary. And I did talk to the 11 County Auditor about making sure this was feasible to do for 12 this budget year, and -- 13 MS. HARGIS: Yes. 14 COMMISSIONER OEHLER: Always feasible when you got 15 that kind of savings. 16 MR. HENNEKE: That's making the position your 17 deputy, right? 18 MS. LANTZ: Assistant. Human Resources 19 Assistant/Payroll Specialist is what the job description is. 20 MR. HENNEKE: But 19, that's a deputy 21 classification. 22 MS. LANTZ: Yes. 23 MR. HENNEKE: Right. Okay. So, you and a deputy. 24 MS. LANTZ: Mm-hmm. 25 COMMISSIONER MOSER: I move we accept the 1-28-13 118 1 recommendation. 2 COMMISSIONER BALDWIN: Second. 3 JUDGE TINLEY: Motion made and seconded to approve 4 the agenda item as recommended by the H.R. Director. 5 Question or discussion? All in favor, signify by raising 6 your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: Motion does carry. 11 MS. LANTZ: And just for clarification, I want to 12 make sure that you are allowing with that motion to go to a 13 19.3, right? 14 COMMISSIONER LETZ: Right. 15 COMMISSIONER BALDWIN: My second did, yeah. 16 MS. LANTZ: Okay. Thank you, sir. 17 JUDGE TINLEY: Let's go back to Item 14 on our 18 workshop, on trying to schedule that. After February the 19 4th, Mr. Walston cannot be found with a search warrant, 20 according to this. I think we need to set the workshop at a 21 reasonable period somewhere around the middle of February, 22 notify Mr. Walston. If he has an interest, that he can -- 23 COMMISSIONER OEHLER: I have not had -- you know, 24 y'all may say that he's not been involved in the plan. He 25 has been involved in this plan, and I answered a lot of his 1-28-13 119 1 questions about the plan. So, I don't know what his 2 objections are or where he thinks that things won't work. 3 COMMISSIONER LETZ: Well, he hasn't told me any 4 objections. He's just asking more information about it. 5 COMMISSIONER OEHLER: He's had -- I don't withhold 6 information from anybody. And, you know, if he wants to be 7 here, like you say, Judge, that's fine. I don't think it's 8 imperative that we have to have him for anything. 9 COMMISSIONER BALDWIN: I agree with that. 10 COMMISSIONER OEHLER: And -- 11 COMMISSIONER LETZ: I think they use that facility 12 out there. I will get the input from him. 13 COMMISSIONER OEHLER: All right. 14 COMMISSIONER MOSER: I move that we do it on the 15 11th, just as a follow-on to the workshop that we're having. 16 JUDGE TINLEY: I have a motion. Do I hear a 17 second? 18 COMMISSIONER BALDWIN: I'll second it, see where it 19 goes. 20 JUDGE TINLEY: Okay. I have a motion that we hold 21 a workshop on stakeholders or other interested parties making 22 their thoughts known about new phase for the Hill Country 23 Youth Event Center -- 24 COMMISSIONER BALDWIN: Setting a workshop. 25 COMMISSIONER OEHLER: I thought we just -- 1-28-13 120 1 JUDGE TINLEY: 3 o'clock? 3 o'clock on the 11th. 2 COMMISSIONER OEHLER: I don't know that we have to 3 have motions to set meetings. 4 COMMISSIONER BALDWIN: But this is going to be a 5 real one. 6 COMMISSIONER OEHLER: This is going to be a real 7 workshop, okay. 8 JUDGE TINLEY: Do I have a second on this? 9 COMMISSIONER BALDWIN: Yes, sir. 10 JUDGE TINLEY: Okay. I have a motion and a second. 11 Question or discussion? All in favor of the motion, signify 12 by raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: The motion does carry. 17 COMMISSIONER BALDWIN: Boy, we are moving now. 18 JUDGE TINLEY: Okay. So, we got a workshop 19 February 11th, 2013, at 3 p.m. Okay, let's go to Item 4 on 20 the agenda and talk about payment of the bills. 21 COMMISSIONER LETZ: Move we pay the bills, Judge. 22 COMMISSIONER BALDWIN: I second that motion. 23 JUDGE TINLEY: I have a motion and second to pay 24 the bills. Question or discussion? All in favor of the 25 motion, signify by raising your right hand. 1-28-13 121 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: Motion does carry. We don't have 5 any budget amendments, do we, Madam Auditor? 6 MS. HARGIS: No, we do not. 7 JUDGE TINLEY: Okay. We've -- I do believe we 8 have -- 9 COMMISSIONER LETZ: Late bills. 10 JUDGE TINLEY: -- late bills. 11 COMMISSIONER BALDWIN: What is the Julie Ottaway, 12 professional -- 13 MS. HARGIS: Legal fees for C.P.S. 14 COMMISSIONER BALDWIN: -- right-of-way? 15 COMMISSIONER MOSER: That was obtaining the right 16 of -- right-of-entry things from about 24 people that we 17 weren't able to -- is that right? 18 MS. HARGIS: Yes. 19 COMMISSIONER MOSER: Yeah. So, we approved that in 20 last Commissioners Court, to hire her to do that, so she did 21 it. 22 COMMISSIONER BALDWIN: "CPS" means Center Point 23 something. 24 MS. HARGIS: Oh, I was thinking of another bill. 25 COMMISSIONER MOSER: Different. That was the 1-28-13 122 1 wastewater sewer system. 2 COMMISSIONER BALDWIN: Yeah, okay. 3 COMMISSIONER MOSER: So we have -- to follow up on 4 that, we have all the right-of-entries completed except one, 5 and we'll get that, and one person chose not to allow us to 6 do it. So, out of -- we got 60 right-of-entries with all 7 this. 8 JUDGE TINLEY: What do we do about the one that 9 chose no? 10 COMMISSIONER MOSER: It's okay. 11 COMMISSIONER BALDWIN: We do it anyway? 12 COMMISSIONER MOSER: No. It's an alternate route 13 that there were three different routes that could be taken, 14 so we'd like to get as many as we could to get the most 15 efficient way, so it's not a problem. 16 COMMISSIONER BALDWIN: This is one of those issues 17 that kind of gets the thing going a little bit further down 18 the road, isn't it? 19 COMMISSIONER MOSER: Right. Right. And -- yeah. 20 So, that's what that was. 21 COMMISSIONER BALDWIN: Okay. 22 JUDGE TINLEY: Other than that item, we've got 23 Hewitt Engineering, $55. The one to Ottaway is $600. Ingram 24 Postmaster under J.P. 4 for, I guess, postage for $352. 25 Indigent Services under that budget, a total of -- 1-28-13 123 1 MS. HARGIS: 3,000. 2 JUDGE TINLEY: -- 4,000 -- 3 MS. HARGIS: Three. 4 JUDGE TINLEY: Well -- 5 MS. HARGIS: The whole -- the whole report is 6 4,000. 7 JUDGE TINLEY: Okay. The whole report is 8 $4,010.93, to include indigent services of $3,058.93. Okay. 9 Do I hear a motion that these late bills be approved? 10 COMMISSIONER BALDWIN: So moved. 11 COMMISSIONER OEHLER: Second. 12 JUDGE TINLEY: Motion made and seconded that the 13 indicated late bills be approved. Question or discussion? 14 All in favor of the motion, signify by raising your right 15 hand. 16 (The motion carried by unanimous vote.) 17 COMMISSIONER MOSER: I have -- if I may? 18 JUDGE TINLEY: Whoa. You had a question or comment 19 on the late bills? 20 COMMISSIONER MOSER: No, that's agreed. 21 JUDGE TINLEY: Okay. All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: Motion carries. Okay. 24 COMMISSIONER MOSER: If I may, on the paying the 25 bills, there's one in there on the airport for $762. I 1-28-13 124 1 should have asked this a while ago. Why -- why is that not 2 in the airport budget? 3 COMMISSIONER BALDWIN: Hey, let me go with you. 4 Where are you? 5 COMMISSIONER MOSER: On Page 14. 6 COMMISSIONER OEHLER: That may be the part of that 7 that we approved. 8 COMMISSIONER MOSER: Office supplies and postage 9 and fuel and oil supplies. 10 MS. HARGIS: That is out of their budget. It just 11 prints in our report. 12 COMMISSIONER MOSER: Okay. So, it's in their 13 budget? 14 MS. HARGIS: Yes, it's their codes. 15 COMMISSIONER MOSER: Sorry I didn't bring it up 16 earlier. 17 JUDGE TINLEY: Okay. I've been presented with 18 monthly reports for December 2012 from the Kerr County 19 Treasurer. Do I hear a motion that the indicated report be 20 approved as presented? 21 COMMISSIONER OEHLER: So moved. 22 COMMISSIONER LETZ: Second. 23 JUDGE TINLEY: Motion made and seconded that the 24 indicated report be approved as presented. Question or 25 discussion? All in favor, signify by raising your right 1-28-13 125 1 hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: Motion carries. Okay, reports from 6 Commissioners in connection with their liaison or committee 7 assignments. Commissioner Oehler? 8 COMMISSIONER OEHLER: Not really. There's just 9 still -- Road and Bridge is still trying to get things 10 finished up out at the show barn and get the rainwater 11 drainage and all that issue addressed, take that -- take the 12 overflow water out. That's one of the things that's still 13 outstanding. When we do get those tanks full, there's a 14 tremendous amount of water coming out of there, and if the 15 rain continues, they've got to get that water under the road 16 and off to the river. That's going to be the next thing 17 they're working on. 18 COMMISSIONER LETZ: That's going to be -- I think 19 they're working with John Hewitt on that, 'cause there's a 20 big -- a pretty good size erosion problem right now of it 21 going into an area of the lake. 22 COMMISSIONER OEHLER: Well, that's the other one. 23 There's going to be two sets. 24 COMMISSIONER LETZ: We need to get both of them 25 really geared up so we don't -- 'cause we've focused a lot 1-28-13 126 1 more water into an area that didn't used to get a lot of 2 water. 3 JUDGE TINLEY: Yeah, I had a lady seek me out that 4 was concerned about some erosion as it goes beyond Riverside 5 Drive, going on down into Flat Rock. 6 COMMISSIONER OEHLER: There's already -- this has 7 already been discussed, and it will be taken care of quickly. 8 JUDGE TINLEY: I figured it was part of the overall 9 plan. We'll get there. 10 COMMISSIONER OEHLER: Part of the plan that came 11 about after the fact. 12 JUDGE TINLEY: Anything else, Commissioner Oehler? 13 COMMISSIONER OEHLER: No, sir. 14 JUDGE TINLEY: Commissioner Baldwin, do you got 15 anything to offer? 16 COMMISSIONER BALDWIN: Not at this time. It's all 17 kind of personal. 18 JUDGE TINLEY: I see. Commissioner Moser? 19 COMMISSIONER MOSER: I have nothing else. 20 JUDGE TINLEY: Commissioner Letz? 21 COMMISSIONER LETZ: Just kind of a general item 22 that the whole Court should be aware of. With the liaison 23 assignments and our new payroll system and all of that, 24 there's a new -- a time sheet summary, I guess, developed for 25 all department heads that needs to be signed, and the Judge 1-28-13 127 1 and I are -- are signing that. Just so everyone's aware that 2 we're -- 3 COMMISSIONER MOSER: Good. 4 COMMISSIONER LETZ: Good? 5 COMMISSIONER MOSER: Good. 6 COMMISSIONER OEHLER: Yeah, mine too. I'm signing 7 Ray's and Animal Control. 8 COMMISSIONER LETZ: Well, I think those are on this 9 one. You know, I think it's all one department head sheet 10 now. Yeah, they're nodding. So, we can circulate it around. 11 It's got to get done pretty quickly when it's done. It's 12 whoever's -- 13 COMMISSIONER OEHLER: Whoever's around? 14 COMMISSIONER LETZ: And right now, it's going to be 15 one of us. I just wanted to let everyone be aware that 16 that's a change. 17 COMMISSIONER OEHLER: I like that better. 18 COMMISSIONER LETZ: And that's all I have. 19 JUDGE TINLEY: Okay. Reports from elected 20 officials? Department heads? 21 MS. LANTZ: Yes. 22 JUDGE TINLEY: Okay. 23 MS. LANTZ: This is going to be our second payroll 24 cycle. So far, everybody has been doing what they're 25 supposed to be doing. We had no glitches the first payroll 1-28-13 128 1 cycle time, except the Sheriff's Office, and we took care of 2 that. But other than that, we had no issues or no complaints 3 that I'm aware of. I just want to make sure that all the 4 department/elected officials know that Monday, 10 o'clock is 5 our cutoff time in order to get it to the Treasurer's office 6 to be processed for payroll to be issued on Friday. So, 7 we're kind of in a crunch time, so you can finish it up at 8 the end of day Friday. Some of the departments do that, and 9 go ahead and post it into the system that the employees 10 worked Monday through Friday, 8:00 to 5:00. The other 11 departments naturally have to wait, because they do work 12 Saturdays and Sundays. So -- and then the other thing is, on 13 the stock show, usually I participate every year. This year 14 I was not able to, but I've heard nothing but how wonderful 15 it was out there this year, and I want to commend our 16 Maintenance Department, because between Sarah and Sonny 17 Schmidt and Bobby Johnson and his trustees, I think that, 18 overall, the departments were happy on how everything was set 19 up, and especially at the end of the show when it's time to 20 load all those animals out. With that new barn in place, it 21 went so much quicker as far as getting those animals out on 22 semis and stuff. So, I just -- I've heard nothing but 23 extraordinary on our employees, and I appreciate all that 24 they've done for the stock show. 25 JUDGE TINLEY: Sheriff, you didn't have anything? 1-28-13 129 1 MS. LAVENDER: Well, I would just remind about the 2 going away party -- retirement party for Linda Uecker 3 Thursday morning from 9:00 to 11:00. And then at 11 o'clock, 4 Judge Tinley and I are going to meet with Lori LeBleu from 5 L.C.R.A. out at the new show barn, and she's going to present 6 the $25,000 check that we got, the grant check. And so if 7 you'd like to -- 8 COMMISSIONER OEHLER: I won't be here Thursday. 9 MS. LAVENDER: You won't be here Thursday? But 10 that's kind of a big step to complete the payment on that 11 rainwater catchment system, and so we're going to do that 12 Thursday morning. 13 MR. HENNEKE: I thought it was 11:00 to 1:00 for 14 Linda's deal. Is it 11:00 to 1:00? 15 MS. BURLEW: 11:00 to 2:00. 16 MS. LAVENDER: Well, then we'll go do the picture, 17 then come back for the -- I'm sorry, I thought it was 9:00 to 18 11:00. I've got one other thing; I just forgot. 19 JUDGE TINLEY: Okay. 20 MS. LAVENDER: On our AACOG grants for victims, I 21 don't know whether Rusty's going to apply for anything, but 22 Hill Country CARES and those of us that apply, you know, we 23 had a community plan that was good for 2010, '11 and '12. I 24 may, next meeting, come back with a resolution asking you to 25 extend your approval of the community plan through 2013, 1-28-13 130 1 because they told us last year we didn't have to do it, and 2 now they've come back at grant time and said oh, yeah, you 3 need to extend the -- the grant. So, probably next time, 4 we'll have some kind of a document for you to approve to 5 extend that, so be thinking about that if we need to. 6 JUDGE TINLEY: Is that it? 7 MS. LAVENDER: That's it. 8 JUDGE TINLEY: You don't have anything, Ms. Hargis? 9 MS. HARGIS: No, thank you. 10 MR. HENNEKE: Something to keep an eye on. I'm 11 aware that Senate Bill 4 by Fraser looks to completely rework 12 the Texas Water Development Board. And apparently, from 13 what -- I haven't read the bill yet. From what I was told, 14 Water Development Board has found displeasure with the 15 Legislature. I think the current bill stipulates that no one 16 that's on the current board or the Executive Director would 17 be eligible for reappointment. What they're trying to do, as 18 I understand is, to create an employee -- a permanent 19 employee-type board like the P.U.C. or T.C.E.Q. has, where 20 the board members or commissioners are actually full-time -- 21 a salaried, full-time position, as opposed to a, you know, 22 appointed volunteer board. But looks like the agency's going 23 to be reworked, and insofar as we have a lot of workings with 24 that, we probably just need to keep an eye on it and try to 25 watch what's going to happen with the various projects we've 1-28-13 131 1 got going on. 2 JUDGE TINLEY: Is that it? 3 MR. HENNEKE: Thank you. 4 JUDGE TINLEY: Anything else to come before the 5 meeting under the agenda today? We're adjourned. 6 (Commissioners Court adjourned at 12:00 p.m.) 7 - - - - - - - - - - 8 9 STATE OF TEXAS | 10 COUNTY OF KERR | 11 The above and foregoing is a true and complete 12 transcription of my stenotype notes taken in my capacity as 13 official reporter for the Commissioners Court of Kerr County, 14 Texas, at the time and place heretofore set forth. 15 DATED at Kerrville, Texas, this 1st day of February, 16 2013. 17 18 JANNETT PIEPER, Kerr County Clerk 19 BY: _________________________________ Kathy Banik, Deputy County Clerk 20 Certified Shorthand Reporter 21 22 23 24 25 1-28-13