1 2 3 4 5 6 KERR COUNTY COMMISSIONERS COURT 7 Regular Session 8 Monday, February 11, 2013 9 9:00 a.m. 10 and 11 Special Session 12 Monday, February 11, 2013 13 2:45 p.m. 14 Commissioners' Courtroom 15 Kerr County Courthouse 16 Kerrville, Texas 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 February 11, 2013 2 PAGE 3 --- Commissioners' Comments 7 4 1.1 Consider/discuss, take appropriate action on letter of support for award of tax credits to 5 application by communities for veterans for affordable veterans-only housing in Kerrville 9 6 1.2 Consider/discuss, take appropriate action to 7 approve drainage study on Kerr County property located at 500 Ranchero Rd. for possible future 8 volunteer fire station, Precinct 2 17 9 1.3 Consider/discuss, take appropriate action to accept preliminary revision of plat for Lots 11 10 and 12, Whiskey Ridge Ranches; set public hearing 21 11 1.4 Consider/discuss, take appropriate action on request from Hill Country Swap Meet for use of 12 parking lot at Hill Country Youth Event Center 26 13 1.6 Consider/discuss, take appropriate action on request from Friends of Kerr County Historical 14 Commission to request an extension on date of completion of historical fence at Union Church 33 15 1.7 Consider/discuss, take appropriate action 16 regarding improvements to Union Church facility, including appropriation of funds 33 17 1.10 Consider/discuss, take appropriate action on 18 request to use Show Barn at HCYEC for Mixed Martial Arts event in June 2013 52 19 1.15 Consider/discuss, take appropriate action to 20 open bids and award contract for 198th District Attorney's Office at Kerr County Sheriff’s Annex 53, 21 140 1.5 Consider/discuss, take appropriate action to 22 accept 2012 Partial Exemption Racial Profiling report for Constable, Precinct 1 54 23 1.8 Consider/discuss, take appropriate actions to 24 approve and pay Office Planning Group the sum of $4,324.25 for moving roll shelving from the 25 County Clerk’s Office to the jail 54 3 1 I N D E X (Continued) February 11, 2013 2 PAGE 1.9 Consider/discuss, take appropriate action to 3 approve report to Commissioners Court of status of investments made under Section 887(b), Probate 4 Code, as submitted 57 5 1.11 Consider/discuss, take appropriate action to approve & ratify official bond of Robbin Burlew, 6 Kerr County District Clerk 58 7 1.12 Consider/discuss, take appropriate action to fill two open positions in District Clerk’s 8 office 59 9 1.13 Consider/discuss, take appropriate action to appoint Kerr County Law Librarian effective 2-1-13 65 10 1.14 Consider/discuss, take appropriate action to 11 authorize March 9, 2013 as National Passport Day; discuss security at the courthouse 74 12 1.16 Consider/discuss, take appropriate action to 13 accept audit reports for J.P.'s 2 and 4 80 14 1.27 Consider/discuss, take appropriate action on resolution supporting Kerrville Little League/ 15 Kerrville Youth Baseball & Softball Association 84 16 1.17 Consider/discuss, take appropriate action regarding possible judicial redistricting to 17 be presented to 2013 Texas Legislature and resolution in support thereof 90 18 1.18 Consider/discuss, take appropriate action on 19 resolution to approve extension of Kerr County Community Plan 93 20 1.19 Consider/discuss, take appropriate action on 21 resolution to approve submission of grant application for Veterans Service Officer from 22 Texas Veterans Commission Fund 96 23 1.20 Consider/discuss, take appropriate action to accept 2012 Racial Profiling Report for Kerr 24 County Sheriff's Office 103 25 1.21 Consider/discuss, take appropriate action to renew teen curfew for Kerr County for one year 104 4 1 I N D E X (Continued) February 11, 2013 2 PAGE 1.22 Consider/discuss, take appropriate action on 3 request from Center Point Helping Hands for tipping fees reimbursement on clean-up project(s) 111 4 1.23 Consider/discuss, take appropriate action to 5 approving engagement letter, master agreement with Gabriel Roeder Smith & Company for GASB 6 OPEB Valuation shared services, and interlocal agreement with NCTCOG for actuarial services in 7 compliance with GASB 43 and 45 to establish the liability for post-employment healthcare benefits 114 8 1.24 Consider/discuss, take appropriate action to 9 rescind County Order #32222, Vehicle Accident Reporting, and replace with new policy 8.08, 10 Vehicle Accident Reporting to be incorporated into current policy book 121 11 1.25 Acknowledge receipt of quarterly investment 12 report from Patterson and Associates for quarter ending 12-31-12 123 13 1.26 Consider/discuss, take appropriate action to 14 approve purchase of new safe for the County Treasurer's Office 125 15 4.1 Pay Bills 129 16 4.2 Budget Amendments --- 4.3 Late Bills 130 17 4.4 Approve and Accept Monthly Reports 131 18 5.1 Reports from Commissioners/Liaison Committee Assignments 132 19 5.2 Reports from Elected Officials/Department Heads 132 20 Special 2:45 p.m. Commissioners Court meeting 1.1 Consider and discuss personnel matter with the 21 Environmental Health Director (Executive Session) 136 22 1.29 Consider/discuss, take appropriate action regarding Animal Control personnel and assignment 23 of duties involving management of Animal Control (Executive Session) --- 24 1.30 Consider/discuss, take appropriate action on 25 Butt-Holdsworth Library funding by the County for 2013 (Executive Session) --- 5 1 I N D E X (Continued) February 11, 2013 2 PAGE 3 1.31 Consider/discuss, take appropriate action regarding deliberation of business and financial 4 issues relating to negotiation of interlocal agreement for firefighting and emergency medical 5 services between City and County (Exec. Session) --- 6 3.1 Action as may be required on matters discussed in Executive Session 144 7 1.28 Consider/discuss, take appropriate action to 8 appoint interim management of Animal Control to the Kerr County Sheriff 148 9 --- Adjourned 149 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 1 On Monday, February 11, 2013, at 9:00 a.m., a regular 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: Good morning, ladies and gentlemen. 8 Let me call to order this regularly scheduled meeting of the 9 Kerr County Commissioners Court posted and scheduled for this 10 date and time, Monday, February 11th, 2013, at 9 a.m. It is 11 that time now. If you would please stand and join me in a 12 moment of prayer, followed by the pledge of allegiance to the 13 flag of our country. 14 (Prayer and pledge of allegiance.) 15 JUDGE TINLEY: Thank you. Be seated, please. At 16 this time, if there's any member of the public or audience 17 that wishes to be heard on a matter which is not a listed 18 agenda item, this is your opportunity to come forward and 19 tell us what's on your mind. If you wish to be heard on an 20 agenda item, we would ask that you fill out a participation 21 form. There should be some located at the rear of the room. 22 If not, or if you haven't filled out a participation form, we 23 get to an agenda item and you wish to be heard on it, just 24 get my attention in some manner and we'll give you that 25 opportunity to be heard. But right now, if you wish to be 2-11-13 7 1 heard on any matter which is not a listed agenda item, this 2 is your opportunity to come forward and give us your name and 3 address, tell us what's on your mind. Seeing no one coming 4 forward, we'll move on. Commissioner Baldwin, do you have 5 anything for us this morning? 6 COMMISSIONER BALDWIN: Sir, I do. I want to share 7 with you something out of the Kerrville Daily Times from last 8 Friday, the 8th of February, and it's the toast/roast area. 9 And there's a toast to one of our Commissioners Court 10 employees and his department, Environmental Health 11 Department. I'd like to read that real quick, 'cause it's 12 got some interesting numbers in it. "To the Kerr County 13 Environmental Health Department, whose policy of education, 14 cooperation, and compliance has helped to reduce the number 15 of Class C citations issued for illegal dumping and failure 16 to abate public nuisances. From June 2007 to June 2008, the 17 department issued 700 citations. The department issued 251 18 in this last year. According to the department, when people 19 are encouraged to voluntarily abate such infractions rather 20 than simply issue tickets, threats of health and safety are 21 dealt with in a more timely manner." And so I just wanted to 22 take my hat off. What a tremendous statement that is, and so 23 that's it. That's all I wanted to share. 24 JUDGE TINLEY: Well, thank you. 25 COMMISSIONER BALDWIN: Thank you. 2-11-13 8 1 JUDGE TINLEY: Commissioner Moser? 2 COMMISSIONER MOSER: Things are progressing very 3 well on schedule for the Center Point wastewater system. 4 We're meeting again this Wednesday with the project engineer 5 and some folks in there, because one of the -- one of the 6 potential routes is through Lions Park, which a lift station 7 could be located there, so we want to make sure we're 8 compatible with -- with the master plan in that area. On the 9 subject of the library, I continue to get a lot of calls, 10 e-mails, a lot of stuff in the paper on that, letters to the 11 editor. There was a gentleman -- a doctor, as a matter of 12 fact, Benjamin Carson, spoke at the National Prayer Breakfast 13 in Washington this past week; eloquent speech, probably a lot 14 of people heard that. And he was raised by a single mother, 15 six siblings. He's a pediatric neurosurgeon. He credits 16 where he is today with being able to have free access to the 17 public library, because his mother had a third grade 18 education. So, I think more and more of the people are 19 seeing the need for that. So, I said the other day that I'm 20 working on that, and I'll have some more to report in 21 executive session on it, and that's it. 22 JUDGE TINLEY: Thank you. Commissioner Letz? 23 COMMISSIONER LETZ: Judge, nothing. We have a bit 24 of an agenda, bit of a long day. So, I got my sleeping bag 25 if I need it, but nothing at this time. 2-11-13 9 1 COMMISSIONER MOSER: The dogs aren't here? 2 COMMISSIONER LETZ: I left Riley at home; afraid it 3 would be too long in the back of the truck. But not right 4 now. I'll have lots to say, I'm sure, during the day. 5 JUDGE TINLEY: Commissioner Oehler? 6 COMMISSIONER OEHLER: No. 7 JUDGE TINLEY: Okay, let's get on down the road 8 with our agenda. First item on the agenda is a 9 o'clock 9 timed item, to consider, discuss, and make -- and take 10 appropriate action on letter of support for the award of tax 11 credits to the application by communities for veterans for 12 affordable veterans-only housing in Kerrville. Mr. Gary 13 Noller asked that this be placed on the agenda. Good 14 morning, Mr. Noller. Come forward and give us your name and 15 address, tell us what you have on this item. 16 MR. NOLLER: Good morning. Thank you very much. 17 My name's Gary Noller; I reside at 140 Ray Drive North in 18 Center Point. I'm here speaking on behalf of Hill Country 19 Veterans Alliance. We're requesting that County 20 Commissioners Court consider a letter of support for a 21 veterans housing at Kerrville V.A. which is being named 22 Freedom's Path Kerrville. The letter of support would be 23 sent to the Texas Department of Housing and Community 24 Affairs. The developer is submitting a request for tax 25 credits as part of the financing package for this housing. 2-11-13 10 1 It's a very important aspect of the financing of the housing. 2 It is a competitive process. Right now there are four 3 projects total that are in the same pool, and they come from 4 a wide area. A couple of the other projects -- I believe one 5 is in Pearsall, Texas, and one is in Floresville. There are 6 no other projects in Kerr County that are in competition with 7 us. 8 They sent in preliminary packages; they did some 9 preliminary scoring, and it's coming in very tight. It could 10 come down to a tie. What we would like to do is to break 11 that tie. One of the ways we would like to break that tie is 12 by showing more community support for veterans' housing in 13 Kerrville than the other developers get for whatever housing 14 they want in their communities. This project has a 15 mandatory -- in order to succeed, we have to have City 16 Council approval. We certainly appreciate the action taken 17 by the Kerrville City Council, Mayor Pratt and the Council 18 members, to vote in favor of this. We also have worked to 19 gather support from elected representatives of the state. I 20 did pass out to you a letter sent in recently by Harvey 21 Hilderbran as the State Representative, and also hopefully 22 Senator Fraser will support us with a letter. So, that's 23 essentially it. If you have any questions, I'll be very 24 happy to answer what I can. 25 COMMISSIONER MOSER: I've got a couple questions, 2-11-13 11 1 if I may. Do you know what the long-term plan for this 2 company is? Do they plan to own/operate? Do they plan to -- 3 to develop it and sell it? Do you have any idea? 4 MR. NOLLER: They have a lease with the Veterans 5 Administration. The lease is, like, a dollar-a-year lease, 6 75 years. My understanding is -- is they will build it. 7 They will probably hire out somebody to operate it, but the 8 way the tax credits work, I think there's some limitations 9 whether they can sell it or not. In talking with the 10 developer, I believe they intend to be in it long-term. It's 11 not a "get in, make money, get out" thing to them. I also 12 believe, regardless of money -- and, obviously, they are a 13 profit-making company. Mr. Craig Taylor's a veteran himself, 14 and they're doing several of these projects around, and my 15 sense is that they're dedicated to housing for veterans. 16 They've got some other things out there. So, my faith is -- 17 is that they're in it for the long haul. 18 COMMISSIONER MOSER: Okay. One other question, if 19 I may. The good quality of a project like that's very 20 important to the community, and I think that they've done 21 other projects around. As part of this process moves 22 forward, what is the -- the steps by with which the City and 23 the County are able to look at the quality of the 24 construction and what the plan is? I mean, we all know 25 there's all grades of that type of construction, from just 2-11-13 12 1 getting by to something that's very nice. 2 MR. NOLLER: Well, I think that -- that it does 3 have to meet all city and county codes. It has to -- it's 4 going to be under some governance of things like H.U.D., 5 Housing and Urban Development. There is a minimum 6 dollar-per-square foot that they have to construct to. I 7 know that the City did a pretty intensive analysis of that, 8 Mayor Pratt and Todd Parton did, even to the extent that the 9 units that are being built will have garbage disposals in 10 them, which was not in the original plan, but was put in by 11 the developer. They'll have a full commercial kitchen out 12 there, so there could be events that -- if the community 13 organization wants to go out and have a party or something 14 for the veterans out there, they have a space that they could 15 prepare food and put in there. So, I've seen representative 16 drawings and plans, but as far as the quality, it's going to 17 have to meet specifications. 18 COMMISSIONER MOSER: Okay. So, as far as today, 19 we're just moving forward on saying we endorse this, but -- 20 but it's not a -- it's not a commitment, unless I'm 21 misunderstanding. 22 MR. NOLLER: Well, it's -- it's a show of support. 23 COMMISSIONER MOSER: Okay. 24 MR. NOLLER: But the action that the County 25 Commission takes today will not score any points, because the 2-11-13 13 1 point scoring had more to do with the City of Kerrville to 2 score points. Community organizations -- for example, we're 3 trying to get at least four Kerr County veterans' 4 organizations to support it, and I believe we have that. 5 Only two of those will count, and those count two points a 6 piece. I think the total amount of points that you can get 7 is about 110 points. The City's action would get 13 out of 8 110 points, let's say. Veterans had a maximum of 4. So, 9 it's not that there's going to be any money commitment by the 10 county. There could be some commitment on behalf of the 11 city; that's being worked on. But it's really a show on the 12 County Commissioners behalf that we believe this is a good 13 project and we'd like to see it happen. 14 COMMISSIONER MOSER: Yeah. My only concern was 15 just that we get a quality -- quality product here. Because, 16 you know, like apartment complexes, people build them and it 17 looks like they're designed to last five years, you know. 18 You know, sort of a very short time and they look like trash, 19 whereas other projects are -- are high quality. So, I would 20 hope that we did something working with the City to make sure 21 that this project, if approved, is long-lasting and 22 high-quality. 23 MR. NOLLER: And we want that also. 24 COMMISSIONER MOSER: Okay, good. 25 JUDGE TINLEY: Your specific purpose here today is 2-11-13 14 1 to seek a letter of support for this particular application, 2 communities for veterans, that's on the table that's been 3 approved and supported by City Council for the tax credits 4 that are available through the -- I believe it's Texas 5 Department of Housing and Community Affairs, if I'm not 6 mistaken? 7 MR. NOLLER: Yes. 8 JUDGE TINLEY: And that's the specific purpose 9 you're here for? 10 MR. NOLLER: Yes. 11 JUDGE TINLEY: Okay. 12 COMMISSIONER LETZ: Just one question. Briefly, 13 what is different between this proposal and the one we looked 14 at about a year ago? Or is there any difference? Basically 15 the same? 16 MR. NOLLER: If you looked at one a year ago, it 17 would be the same thing. If you looked at one two or three 18 years ago, that was a different developer. In fact, it was a 19 local developer for housing that was more focused on homeless 20 veterans. This housing is focused on veterans only, disabled 21 veterans, senior veterans. 22 COMMISSIONER LETZ: Okay. That was it; that's the 23 difference. 24 COMMISSIONER BALDWIN: It was -- Mr. Taylor is the 25 one that we supported, and this is Mr. Taylor. 2-11-13 15 1 COMMISSIONER LETZ: All right. Okay. 2 JUDGE TINLEY: Any other questions? 3 COMMISSIONER LETZ: I'll make a motion that we 4 authorize the County Judge to write a letter of support. 5 COMMISSIONER OEHLER: Second. 6 JUDGE TINLEY: Motion made and seconded as 7 indicated. Further question or discussion on the motion? 8 All in favor, signify by raising your right hand. 9 (The motion carried by unanimous vote.) 10 JUDGE TINLEY: All opposed, same sign. 11 (No response.) 12 JUDGE TINLEY: That motion does carry. 13 MR. NOLLER: Thank you very much. 14 JUDGE TINLEY: Thank you, Mr. Noller. Appreciate 15 you being here. I know the veterans' community has a lot of 16 support for this, and appreciate the effort that all of you 17 guys have put into it. Guys and gals. 18 MR. NOLLER: Thank you. 19 JUDGE TINLEY: Mr. Cantrell? Yes, sir. I 20 apologize; you had filed a participation form. 21 MR. CANTRELL: That's all right. You've already 22 voted, and I like that. 23 JUDGE TINLEY: Okay. 24 MR. CANTRELL: Bill Cantrell, 428 Saddle Club 25 Drive, and I'm the commander of the local Corporal Jacob 2-11-13 16 1 C. Leicht Memorial AMVETS Post 1000. Our letter is one of 2 the letters that is going in for support that gets the 3 points. The VFW 1480 is another. You saw Representative 4 Hilderbran's letter; I think it was handed out. In the past, 5 we have had two support letters from Senator Fraser. I'll be 6 calling his office today. I have no doubt that we'll get 7 that. I could answer a couple more of the questions. There 8 are a total of five developments in contention. Freedom's 9 Path -- that's the name of this one -- is one of those five. 10 I just called Craig Taylor, the developer, 15 minutes ago, 11 because I wanted the numbers that these other developments 12 had. At the present time, Freedom's Path has 98 points. 13 There's another development ahead that has 103. We think 14 that's in contention. After Freedom's Path, there's a 96 15 below him, and a 95 below him, and a 92. 16 So, you asked about the differences since last 17 year. The primary differences come from -- I think we can 18 probably thank Mayor Pratt, because he pushed and prodded 19 Craig Taylor to no end, and he got 50 percent of the units as 20 disabled units, and then in the court, he pushed them a 21 little further and got those garbage disposals put in there. 22 So, I just want you to know how hard some of us have been 23 working on this for a long time. Gary Noller and I went to 24 Austin and spoke to four of the staff of the T.D.H.C.A. -- 25 oh, I think it was last March. Then Gary Noller, I, Gary 2-11-13 17 1 McVey, and Bill Bacon went back and spoke before the T.D.H.C. 2 Commission. Then this past November, Colonel Vicki Marsh and 3 I went and spoke in front of the T.D.H.C.A. again, attempting 4 to get a set-aside on points, especially for needy veterans. 5 We didn't get that. We -- Gary, Colonel Marsh, and I visited 6 Senator Van de Putte, who is the chair of the committee on 7 V.A. and military installations. We got a letter of support 8 from her. We went to Representative José Menéndez, who 9 now -- now is the House chair on the committee on V.A. and 10 military installations. He went and spoke on the set-aside 11 along with us, so we've again been to his office. So, we've 12 been working long and hard on this. We really want to see 13 it. It's going to help our veterans. That's it. 14 JUDGE TINLEY: Thank you, sir. 15 COMMISSIONER MOSER: Thank you. 16 JUDGE TINLEY: Let's move to Item 2, also a 17 9 o'clock timed item on our agenda; to consider, discuss, and 18 take appropriate action to approve a drainage study to be 19 performed by a licensed engineer on Kerr County property 20 located at 500 Ranchero Road for possible future volunteer 21 fire station, that being in Precinct 2. Mr. Odom? Good 22 morning, sir. 23 MR. ODOM: Good morning, Judge. Judge Tinley and 24 Commissioner Moser, myself, and a couple of Road and Bridge 25 staff met on Wednesday, January the 30th, 2013, at Kerr 2-11-13 18 1 County's property located at 500 Ranchero Road. In the past, 2 it has been discussed for this property to be used for a 3 volunteer fire station location for this area. This area is 4 in a high density area, and it would be highly recommended to 5 have a licensed engineer do a drainage study on this 6 property. It is our understanding that there has been money 7 budgeted in capital outlay that would cover this study. So, 8 at this time, we ask the Court for their approval to have a 9 licensed engineer perform a drainage study on Kerr County's 10 property located at 500 Ranchero Road, Precinct 2. 11 COMMISSIONER LETZ: Do we have an idea the cost of 12 the study? 13 MR. ODOM: My guess -- and Commissioner Moser might 14 jump in, but I'm thinking between $5,000 to $7,000. And if 15 it's over 7,000, then I would not issue that; I'd come to the 16 Court and present that to you to make a decision whether you 17 want to spend that kind of money above that. 18 JUDGE TINLEY: The total allocation, as I recall, 19 in -- in the capital projects for that particular project is 20 $40,000. 21 COMMISSIONER OEHLER: Correct. 22 JUDGE TINLEY: And that's the funding that I'm sure 23 you're referring to. That's the only funding that's been 24 allocated for that purpose, to my knowledge. 25 MR. ODOM: Right. Well, yes, sir. 2-11-13 19 1 COMMISSIONER MOSER: I think this is an extremely 2 ideal location for a volunteer fire station. We looked at 3 it; it's going to be a real challenge. 4 MR. ODOM: Going to be a challenge. 5 COMMISSIONER MOSER: I just think it's important to 6 emphasize, this is to do -- this drainage study is relative 7 to the feasibility of putting a fire station there. Because 8 if it's -- if this doesn't work, then the feasibility is 9 going to be way down. So, I'd make a motion that we move 10 forward as requested and limit the outlay there to $7,000, 11 not to exceed, for the drainage study, and proceed. 12 COMMISSIONER BALDWIN: I second. 13 JUDGE TINLEY: Motion made and seconded as 14 indicated. Further question or discussion on that motion? 15 COMMISSIONER BALDWIN: I just want to make a point, 16 that this property -- if we recollect, this property was 17 donated to the county for this purpose -- 18 JUDGE TINLEY: Mm-hmm. 19 COMMISSIONER BALDWIN: -- several years ago, and 20 we're just now getting around to it. And I think it's -- 21 it's an upgrade for the protection of the citizens of Kerr 22 County, and we need to do everything we can do move forward 23 with it. 24 JUDGE TINLEY: Ideal location. It's located, for 25 those of you wondering where 500 Ranchero Road is, directly 2-11-13 20 1 across the street from Nimitz School. It's a pretty decent 2 sized piece of property, and I think it's well located for 3 that purpose. 4 COMMISSIONER LETZ: Would it make sense, while we 5 have an engineer out there, to do kind of a site -- 6 preliminary site work -- or not work, but, you know, plan for 7 the property? 'Cause I think that's going to -- to me, it 8 goes hand-in-hand with the drainage part of it. 9 JUDGE TINLEY: Locating a site and improvements. 10 COMMISSIONER LETZ: Yeah. How would you locate 11 something on it? 'Cause we're going to have to do that at 12 some point anyway, and it kind of goes in conjunction with 13 this. I don't know if that would increase the cost a little 14 bit, you know. 15 MR. ODOM: I don't know. 16 COMMISSIONER LETZ: It just may make sense to do 17 both, rather than start over with a new engineer. 18 COMMISSIONER MOSER: My sense is that's probably 19 going to be part of this, because the drainage is going to be 20 a function of where the site is. 21 COMMISSIONER BALDWIN: Exactly. 22 COMMISSIONER MOSER: Yeah. So, I don't think you 23 could separate those variables. 24 COMMISSIONER LETZ: Okay. So, as long as it's 25 clear to the engineer that we're not just looking at -- 2-11-13 21 1 MR. ODOM: He's going to ask, and we're going to 2 say, "Here, let's look at some scenarios of where that 3 building's located." But it's the runoff, the way the 4 drainage is. There is no -- there's no drainage through that 5 mobile home park, and it is in someone's yard. And what we 6 have to do is bring it to the front and either across the 7 street, or else it goes down to the next street, which has no 8 drainage on it, so what happens to the water when it gets 9 behind us? 10 COMMISSIONER LETZ: Okay. Well, we're all on the 11 same page, sounds like. Just make clear that the -- that 12 this includes kind of a site -- drainage and site evaluation. 13 MR. ODOM: Right. Well, it's limited to seven. 14 Then if there's something else, we'll come to the Court. 15 JUDGE TINLEY: Further question or discussion? All 16 in favor of the motion, signify by raising your right hand. 17 (The motion carried by unanimous vote.) 18 JUDGE TINLEY: All opposed, same sign. 19 (No response.) 20 JUDGE TINLEY: Motion carried. Let's go to our 21 9:05 timed item, Item 3; to consider, discuss, and take 22 appropriate action to accept the preliminary revision of plat 23 for Lots 11 and 12 of Whiskey Ridge Ranches set forth in 24 Volume 6, Page 229, and set a public hearing. 25 MR. ODOM: Yes, sir. We have two brothers that own 2-11-13 22 1 property adjacent to each other. One has 40 acres; the other 2 has 50 -- over 50 acres. Both parties would like to revise 3 the lot line between the two lots. There has been some 4 discussion about the verbiage that the City of Kerrville 5 requires on final plats and what the County requires. The 6 City of Kerrville requires replat -- the word "replat," and 7 the County requires "revision." This property is located in 8 the ETJ, and will require approval from both the County and 9 the City of Kerrville. So at this time, we ask the Court for 10 their acceptance of the preliminary revision of plat for Lots 11 11 and 12 of Whiskey Ridge Ranches, Volume 6, Page 229, and 12 set a public hearing for Monday, March 25th, 2013, at 13 9 o'clock a.m., Precinct 3. This -- may I just -- and I have 14 talked to Jonathan. I don't -- do you have -- 15 COMMISSIONER LETZ: I think this is a -- and I 16 visited with -- not on this particular one, but I visited 17 with the City Manager about us trying to work out this ETJ 18 issue again. 19 COMMISSIONER BALDWIN: Oh, lord. 20 COMMISSIONER LETZ: Hopefully. And I told -- even 21 though I'm usually a stickler on the wording on these plats, 22 I've told Len that I think in this situation, you know, we 23 can live with "replat," if that's what the City wants. I 24 mean, I'm not -- we don't need to cause a property owner and 25 taxpayer a problem over a word. So, you know, we will -- I 2-11-13 23 1 will recommend using the word "replat" if we need to, or we 2 can use "replat" and "revision" on the final plat when it 3 comes through. My -- the most important part of this in my 4 mind is really that the Environmental Health Department is in 5 the loop, and they are on this one, I know. I've talked to 6 Ray about this. And so I move approval of the preliminary 7 plat, and set a public hearing for? 8 JUDGE TINLEY: March 25, 2013, at 9 a.m. 9 COMMISSIONER LETZ: Correct. 10 COMMISSIONER MOSER: I'll second. 11 JUDGE TINLEY: Motion made and seconded as 12 indicated. Question or discussion? 13 COMMISSIONER BALDWIN: I do have a question. 14 MR. ODOM: Yes, sir? 15 COMMISSIONER BALDWIN: You're recommending -- 16 they'd like to revise the lot line. Now, what -- 17 MR. ODOM: In the middle. 18 COMMISSIONER BALDWIN: In what way? 19 MR. ODOM: Well, hang on a second. If you look up 20 there, it says "replatted" up there, and they're moving the 21 center line -- 22 COMMISSIONER MOSER: Straightening it out. 23 MR. ODOM: -- at an angle. Don? Come on, you drew 24 this. 25 COMMISSIONER LETZ: What's the -- 2-11-13 24 1 COMMISSIONER MOSER: It's crazy. They just want to 2 contour it. 3 MR. VOELKEL: Don Voelkel. And the reason, out 4 there at Whiskey Canyon, they have, I think, 250-foot 5 setbacks from the road, and 150 from the property lines. 6 Well, the best building site that they've picked out is too 7 close to the platted lot line. It needs to be over 150 feet 8 away, and where he would build would be less than that. So, 9 they're -- and since they're two brothers, they don't have a 10 problem with moving it. They want to move the line over to 11 allow him to build at this perfect spot on Lot 11. 12 MR. ODOM: Yeah. And -- 13 COMMISSIONER BALDWIN: So, one gains and one loses? 14 MR. VOELKEL: Yeah. They're -- they're picking it 15 back up. They're moving it over, so that -- 16 COMMISSIONER BALDWIN: I see. 17 MR. VOELKEL: -- at the end, they'll eventually 18 have the same size lots. 19 MR. ODOM: Same size lots. 20 MR. VOELKEL: But just to achieve -- to be able to 21 build the house at the -- at the perfect spot on that -- 22 COMMISSIONER BALDWIN: You said Whiskey Canyon. 23 It's -- 24 MR. VOELKEL: Whiskey Ridge Ranches. 25 COMMISSIONER BALDWIN: It's different, okay. 2-11-13 25 1 MR. ODOM: You changed an angle on that, and it 2 came down different, but it all balanced out the same. 3 COMMISSIONER LETZ: Right. 4 COMMISSIONER BALDWIN: Good. 5 COMMISSIONER LETZ: Don, you might want to check 6 your numbers, because you're .5 hundredths of an acre off on 7 one of your -- 8 MR. VOELKEL: Well, that original subdivision was 9 done before we had GPS. Much more accurate now. 10 COMMISSIONER LETZ: You're better now? 11 MR. VOELKEL: Yes. 12 COMMISSIONER LETZ: I see. 13 MR. ODOM: That's not unusual with GPS. 14 MR. VOELKEL: Thank you for pointing that out, 15 though. 16 JUDGE TINLEY: Any further question or discussion 17 on the motion? 18 COMMISSIONER BALDWIN: Just one other question. 19 Don, did I understand that the Aggies won the Cotton Bowl? 20 Is that true? 21 MR. VOELKEL: I have it on tape if you need it. 22 (Laughter.) 23 MR. ODOM: This is a verifiable -- 24 COMMISSIONER BALDWIN: I'm shocked. 25 JUDGE TINLEY: Do you suppose we could get a 2-11-13 26 1 showing in here one day for those that missed it? 2 MR. VOELKEL: We could. Let me know. 3 JUDGE TINLEY: Okay. Day or night? 4 MR. VOELKEL: It doesn't matter. 5 MR. ODOM: And a CBS poll has Aggies number one, 6 Alabama number two. 7 COMMISSIONER BALDWIN: Huh-uh. CBS, what do they 8 know? 9 MR. ODOM: Thank you. 10 JUDGE TINLEY: Okay. Any further question or 11 discussion on the motion? All in favor of the motion, 12 signify by raising your right hand. 13 (The motion carried by unanimous vote.) 14 JUDGE TINLEY: All opposed, same sign. 15 (No response.) 16 JUDGE TINLEY: Motion carries. Let's go to our 17 9:10 timed item; Item 4, to consider, discuss, take 18 appropriate action on request from the Hill Country Swap Meet 19 for use of the parking lot at the Hill Country Youth Event 20 Center. Ms. Anderson? 21 MS. ANDERSON: Good morning. 22 JUDGE TINLEY: Good morning. 23 MS. ANDERSON: Judge, Commissioners, thank you for 24 a little of your time this morning. My name's LuAnn 25 Anderson; I live at 3564 Fredericksburg Road in Precinct 1. 2-11-13 27 1 I'm here this morning to introduce a new event that we'd like 2 to conduct called the Hill Country Swap Meet, and to ask for 3 your support to allow us to use the parking lot out at the 4 Hill Country Youth Event Center without fee. I believe the 5 information that you have pretty much gives some outlines of 6 how we see this event, what we want it to be. But there's 7 one thing that I would really like to emphasize. This is a 8 new event. It is totally separate, distinct, different, and 9 will have no connection to Kerr County Market Days. Kerr 10 County Market Days is very much part of our heart, and always 11 will be. Clearly defined, strictly monitored and enforced, 12 it is all original arts and crafts, handmade, homegrown, and 13 that only. 14 This new event we're proposing is very different. 15 It's open. It's come buy, sell, trade. Come out, have a 16 good time. We want to create something that's new and 17 interesting to attract people to come to Kerrville, and come 18 out to the new event center. We have a few rules. I said 19 you can buy/sell/trade almost anything. No live animals, no 20 illegal items, and nothing that would be offensive to a 21 family-oriented event. Basically, what we're asking for is 22 to have your support kind of as a bootstrap to help us get 23 started, so that instead of paying rent of $200 per day for 24 the use of the parking lot, we can put that money toward 25 buying ads in various newspapers, trying to attract people 2-11-13 28 1 here, especially from San Antonio, and create an economic 2 advantage here in Kerr County. We think anything that brings 3 people here to spend the day and maybe a little bit of their 4 money is positive for us, and we would hope to get your 5 support to do that. Happy to answer any questions. 6 JUDGE TINLEY: Questions for Ms. Anderson? 7 COMMISSIONER LETZ: Question. What is a -- is a 8 swap meet like a -- give me an example. Is that -- is a swap 9 meet what they have in Fredericksburg, that big thing? 10 MS. ANDERSON: Not really. In the past, swap meets 11 kind of began -- they were often associated with 12 automotive-type events. It was a lot of focus on vehicles, 13 whether it was hot rods or antique cars, even tractors, 14 motorcycles. Now if you look that up on the internet, you'll 15 find things that are collectibles swap meets, like post card 16 collector swap meets, autograph collector swap meets. And 17 common practice now, at least in this general part of the 18 country, they're more open, which is what we propose. New 19 merchandise, old merchandise, used merchandise, antiques, 20 collectibles, cars, boats, trailers. Any of those things. 21 But they're different in that there's no fixed structure. 22 There are no buildings, no structured booths. You load your 23 stuff in the back of your pickup, you come down to the event 24 7:30 on Saturday morning. You can sell it off the back of 25 your truck or a tarp on the ground. At the end of the day, 2-11-13 29 1 whatever do you not sell, you pack it up, take it home. Or 2 you can leave it there, and we have a nonprofit group that 3 will come and take it away and give you a donation receipt, 4 tax-deductible. And when we leave at the end of the day, it 5 will be like we were never there. So, there's nothing fixed. 6 COMMISSIONER MOSER: Who is the sponsoring 7 organization? 8 MS. ANDERSON: I guess you could say that I am. 9 The Kerr County Market Group, with -- Brenda Hughes is one of 10 our partners in this event. We're the folks who've gotten 11 together to put it together and try to make it happen. 12 COMMISSIONER MOSER: So it's not an organization? 13 MS. ANDERSON: No, sir. 14 COMMISSIONER MOSER: Okay. And so where do the 15 proceeds go? 16 MS. ANDERSON: At this point, I would be very happy 17 if there was a little profit at the end of the year. I don't 18 see that at this point. Right now, our budget indicates that 19 all income for space rental would be required to go right 20 back into the event to continue to develop it and promote it. 21 We operate Market Days as a not-for-profit event. We see 22 this as being the same type of event. 23 JUDGE TINLEY: Not necessarily intended that way, 24 but that's just going to be the way it works out, right? 25 MS. ANDERSON: Generally seems to be that way. 2-11-13 30 1 JUDGE TINLEY: I see. This is going to be one huge 2 multi-party garage sale. 3 MS. ANDERSON: Yes, sir, essentially. With Ms. 4 Beibert there providing refreshments. 5 COMMISSIONER BALDWIN: That sells it for me. 6 COMMISSIONER LETZ: Do we usually charge for use of 7 the parking lot? 8 MS. GRINSTEAD: $200. 9 COMMISSIONER LETZ: $200 is our normal fee for 10 parking lot use? 11 JUDGE TINLEY: What Ms. Anderson is proposing is a 12 quarterly -- to lock it in four times a year. And in order 13 to bootstrap and pour the money back in for advertising and 14 promotion and increasing the traffic for the event, she wants 15 the Court to waive the first year's fee, and the second 16 year's fee, cut it in half. And then after that, why, let it 17 roll. 18 MS. ANDERSON: And as Commissioner Moser inquired, 19 should our revenues exceed our expectations, we would 20 certainly make a commitment to you that we would accelerate 21 the fee payment on that. We have -- this is something we do 22 for fun. 23 COMMISSIONER MOSER: Okay. 24 MS. ANDERSON: I guess. (Laughter.) 25 COMMISSIONER BALDWIN: Well, based on history, they 2-11-13 31 1 have done such an incredible job here at the courthouse -- 2 through how many years? 3 MS. ANDERSON: This will be our 12th season. 4 COMMISSIONER MOSER: Wow. 5 COMMISSIONER BALDWIN: Time's fun when you're 6 having flies. (Laughter.) Just based on this history, I -- 7 I don't have a problem with this at all. 8 JUDGE TINLEY: The proposal as it's submitted? 9 COMMISSIONER BALDWIN: Yes, sir. I would move for 10 approval, actually. 11 JUDGE TINLEY: Okay. We have a motion. Do I hear 12 a second? 13 COMMISSIONER LETZ: I'll second. 14 JUDGE TINLEY: We have a motion and a second. 15 Question or discussion? The way you seconded, I knew you had 16 something to say. 17 COMMISSIONER LETZ: Well, it's not -- I mean, 18 it's -- generally, I'm not real fond of giving away our 19 services at no cost, but I think there's no cost to the 20 County for this. Or I don't see -- and the only condition I 21 have is, I think it was stated by Ms. Anderson that, you 22 know, there's no county labor put into this out of our 23 Maintenance Department, primarily. It's done by the 24 volunteers, and they leave -- when they leave, it'll be as if 25 they were never there. 2-11-13 32 1 MS. ANDERSON: Right. 2 COMMISSIONER LETZ: Because of her track record, I 3 trust her. 4 COMMISSIONER MOSER: It think it will be a fun 5 event. 6 MS. ANDERSON: Appreciate it. 7 JUDGE TINLEY: And I can assure you, I will 8 monitor. (Laughter.) 9 COMMISSIONER OEHLER: You're going to be checking 10 everything as it comes in? 11 JUDGE TINLEY: You betcha. 12 COMMISSIONER OEHLER: Finding your treasures. 13 JUDGE TINLEY: Yeah. Further question or 14 discussion on the motion? All in favor of the motion, 15 signify by raising your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: Motion carried. Thank you, 20 Ms. Anderson. 21 MS. ANDERSON: Thank you. 22 JUDGE TINLEY: Look forward to a fun time. 23 MS. ANDERSON: We'll see y'all out there on March 24 the 2nd. Thank you. 25 JUDGE TINLEY: Okay. That's right around the 2-11-13 33 1 corner. 2 MS. ANDERSON: Yes, sir, it is. 3 JUDGE TINLEY: Okay. Let's go to our 9:15 timed 4 item. Item 6 is to consider, discuss, take appropriate 5 action to request from the Friends of Kerr County Historical 6 Commission to request an extension on date of completion of 7 the historical fence located at the Union Church Building. 8 It would appear that Item 7 is a companion item. Would 9 everybody agree, that's the correct way to characterize it? 10 Let's go ahead and call Item 7 also; to consider, discuss, 11 take appropriate action regarding improvements to the Union 12 Church facility, including appropriation of funds. Ms. Sue 13 Dyke. 14 MS. DYKE: Yes. 15 JUDGE TINLEY: Good to have you here. 16 MS. DYKE: Thank you. Thank you very much. I 17 appreciate your time and being on the agenda today, and I 18 would like to say that we've got several of our members from 19 the Friends and the Kerr County Historical Commission present 20 at our meeting today, and like to acknowledge that. I'm 21 going to read my presentation to make sure that we've 22 included everything. And so -- because it has been quite a 23 process that we've been through these last couple of months, 24 and trying to get our project under way. So, we did come 25 before you on November the 26th, and to consider a revised 2-11-13 34 1 agreement between Kerr County and Schreiner University 2 regarding the installation of a historical fence around the 3 existing Union Church, and this motion -- this agreement was 4 passed. The agreement stated that the installation of the 5 fence would be completed by February the 15th of 2013, and 6 the Friends are here today to request an extension of the 7 February 15th date so our contractors on the fence project 8 will have more time to finish their work. 9 It's been kind of touch and go with us in that 10 regard with our contractors, and try as we may, and as many 11 contacts as we've made with them, and the weather conditions 12 and the holidays and so forth and so on, it just -- we are 13 really pleased to say that the project's well under way, and 14 that we are -- the gate has been finished, and that we -- the 15 masonry work has been finished, and we have a couple of 16 sections of the fence itself already installed. And 17 according to the agreement, it was supposed to be done in a 18 workmanlike condition, and we're real pleased with what's 19 turned out so far. We've had lots of very positive comments 20 from -- from the public and so forth that, oh, boy, we're 21 under way, and it looks really good. And so we're excited 22 about having all that done right now. 23 The remaining fencing, which is over 100 feet, 200 24 feet, has been straightened and welded, and then it will -- 25 it has been necessary now to send it to the sandblaster. And 2-11-13 35 1 there's only one sandblaster in Kerr County, and so, there 2 again, we have to stand in line for that service. The -- the 3 other thing, after that's completed, it will go to a company 4 called Redline in Ingram, and they are -- they will do the 5 powder coating and the finishing on it. And then it will 6 have to -- all the fencing will have to be hauled back to the 7 church grounds itself, and -- and Robert Dozier, who is our 8 contractor, will finish that part out. That has turned out 9 to be Phase 1. But we went back and we looked at some of the 10 agreements also that were part of this project, and that was 11 the initial agreement that was passed by the Court on 12 February the 12th, 1999, and so it's been under way for quite 13 a few years here. 14 The other -- but this -- this particular phase has 15 to do with two items, one being the parking lot, and the 16 other being the landscaping. Those are the last two 17 projects, and then everything will be complete after that. 18 We have looked at what -- at a budget, and what it will cost 19 to go ahead and finish those last two phases. And I gave you 20 a handout on that, and -- and the various items are listed, 21 and one is the leveling of the ground. We had a gentleman, 22 Mr. Mike Lowrey, look at that, and he suggested that we only 23 do the grading around the very front part of it, and not do 24 the whole -- we're going to leave the natural surface as it 25 is. And then also, in order to organize the parking lot, 2-11-13 36 1 we're having tire-stoppers installed, 32 tire-stoppers 2 installed, which will organize the parking that's going in 3 there. And then we'll have to put signage up with regard to 4 the handicapped. We already have a ramp on the church 5 building itself, and then we have a very close parking area 6 on the concrete area that is handicapped -- very handicapped 7 accessible, but it does need to be marked there. And then on 8 the original agreement was the landscaping also. This is 9 Mary Lee Stewart, who is a member of the commission, and also 10 a member of -- she's our secretary for the Friends, and she's 11 going to head up our landscaping project and to see that that 12 is complete. Do you have something to say about that? 13 MS. STEWART: Well, just that your estimate of 14 $1,500 ought to get us off the ground, and we hope to use 15 volunteers for a lot of the work. 16 MS. DYKE: Okay. So, the total -- the total cost 17 of the last two phases will be $5,000, and we will need to 18 proceed with some fundraising on that. And our plan right 19 now will be to have an ad in the paper coming up for -- we'll 20 initiate that. I've already talked to the paper about that. 21 And then we would also like for the Commission to submit a 22 grant proposal, if it's needed, to complete the projects. 23 So, we're all in order to get that all finished. We think 24 that the fence itself will be finished by about March the 25 15th, but then in order to get the rest part of it done -- 2-11-13 37 1 the rest of it done, the parking lot and landscaping, we 2 would like to extend it out another three months. I mean, 3 getting all this done is -- we want to make sure we've got 4 plenty of time and that it's not -- that it's not -- we don't 5 get caught. 6 COMMISSIONER BALDWIN: Sue, I've got a couple of 7 questions, if you don't mind. 8 MS. DYKE: Sure. 9 COMMISSIONER BALDWIN: The agreement as of today is 10 it be -- the completion date was February 15th? 11 MS. DYKE: Yes. That was for -- 12 COMMISSIONER BALDWIN: Wait. Where do you want to 13 go to? What's the date you want to go to? 14 MS. DYKE: The -- at the very end down here, it 15 says that we want to extend it -- extend it three months to 16 May the 15th. 17 COMMISSIONER BALDWIN: May 15. Thank you very 18 much. 19 MS. DYKE: The landscaping itself will be an 20 ongoing project. We don't see that as possibly finishing by 21 the 15th of May, but -- because we'll be working with 22 volunteers and so forth. Actually have a professional person 23 who's trying to give us a plan on that, and we're going to go 24 by the guidelines, so -- trying to put in plants that don't 25 need a lot of water and so forth. 2-11-13 38 1 JUDGE TINLEY: Ma'am, is -- you're asking us, in 2 essence, to modify the terms of the agreement which we 3 approved some -- 4 MS. DYKE: That's correct. 5 JUDGE TINLEY: -- sometime back. 6 MS. DYKE: Well, you -- 7 JUDGE TINLEY: Schreiner University's also a party 8 to this agreement. 9 MS. DYKE: Exactly. And I have a -- if you'd like 10 to see that, I have a memorandum here that I have also -- 11 I've been in close contact with Schreiner University on this, 12 and our contact person there is James Rector, who is on the 13 maintenance committee, and he's project director for 14 Schreiner University. So I have even gone to the grounds 15 with -- I met him on the grounds, and we went over all the 16 items that -- that are listed on here that have to be done, 17 and they're -- they're very much in agreement. And I have a 18 copy of the memorandum here, if you'd like to see it. 19 JUDGE TINLEY: Well, my point -- my point is, even 20 if -- even if we agree to modify and change and put 21 additional terms to this agreement, Schreiner University is 22 going to have to come to the party too. 23 MS. DYKE: Oh, yes. Absolutely. 24 JUDGE TINLEY: Okay. 25 MS. DYKE: Absolutely. We're very mindful of that, 2-11-13 39 1 and we've been working -- actually, they're the ones that -- 2 it's their property, and so, therefore, we're trying to 3 certainly keep them as a close partner so that they're 4 pleased with everything that we're doing. And so every time 5 something comes up, I'm -- I've been in very close contact 6 with James -- James Rector. 7 JUDGE TINLEY: Okay. 8 COMMISSIONER LETZ: The money to complete the 9 fence, you have that in the bank? 10 MS. DYKE: Yes, it's in there, uh-huh. It's down 11 here in the second paragraph. There's a need to fund -- oh, 12 here it is. All funds are in place to finish the fence 13 installation. 14 COMMISSIONER LETZ: Okay. And then your plan is to 15 go out and raise 5,000? 16 MS. DYKE: And that, we have to go for 5,000 more 17 in order to complete the landscaping and the parking. 18 COMMISSIONER LETZ: I think the -- the question I 19 have on your date, really, is I don't think it's realistic to 20 raise $5,000 and have that all -- everything done by May 21 15th. I mean, I'd rather -- rather than us having have to 22 come back and -- 23 MS. DYKE: Do it again. 24 COMMISSIONER LETZ: -- do it again, I'd rather make 25 sure that there's -- you know, we can get it done right now. 2-11-13 40 1 Or, you know, it just takes time for -- I mean, especially 2 when you have to go through Schreiner to get something done. 3 And to get something done, we can't approve a change until 4 Schreiner does, so it's going to have to come back to us 5 again, so you're in the middle of March before you're going 6 to -- or early March until you get going. So, I mean, I'd 7 probably go for a six-month extension, as opposed to 8 three-month. 9 MS. DYKE: That would be perfectly satisfactory. 10 COMMISSIONER OEHLER: That makes more sense. 11 MS. DYKE: In fact, you're welcome to -- 12 COMMISSIONER OEHLER: Don't block yourself into a 13 corner. 14 COMMISSIONER BALDWIN: Is that August? 15 MS. DYKE: What? 16 MS. STEWART: Don't lock yourself in a corner. 17 COMMISSIONER BALDWIN: Is that August? 18 JUDGE TINLEY: That would be August. 19 COMMISSIONER LETZ: And I think the -- but I think 20 that we need to -- you know, I'm concerned about not having 21 the money in-hand. You have to go out and do fundraising. I 22 know fundraising's not easy. I think we need to have a -- 23 you know, a report back on -- you know, certainly well before 24 that so we can make sure y'all are on track, and we can get 25 it done. It needs to be -- 2-11-13 41 1 MS. DYKE: Does that require our coming back to the 2 Court? Or can I just give it to you, and you can give it to 3 Mr. Baldwin? 4 COMMISSIONER LETZ: I would probably -- 5 COMMISSIONER BALDWIN: Yes, and yes. 6 COMMISSIONER OEHLER: I'd give to it Buster, let 7 him give us a report on where you are in your fundraising. 8 MS. DYKE: You just want a progress report? 9 COMMISSIONER OEHLER: Do a monthly report; give it 10 to Buster. 11 COMMISSIONER BALDWIN: I'd like to hear just one 12 more time -- there may be some of us that have -- are slow or 13 have short memories, but where did this fence come from? 14 What's the history behind this fence? 15 MS. DYKE: Well, the fence originally existed 16 around the county courthouse that was built in 1885, and it 17 was installed around the courthouse in 1904. However, that 18 courthouse was demolished in 1926, and so at that time, the 19 fence was also taken out, and a local citizen bought the 20 fence as salvage, and then they proceeded to put it around 21 their home, Mr. Zirkle. And then when this project -- the 22 Union Church project was considered and was actually 23 undertaken, then -- and we learned about the existence of the 24 fence, and thought, well, that would certainly add more 25 historical interest to our project, and certainly be in line 2-11-13 42 1 with the work -- the work of the Historical Commission, which 2 is the preservation of historical sites and items in our 3 county. So, that was added to it, and it -- the fence was 4 always to be part of the project. 5 COMMISSIONER BALDWIN: Very cool. Very cool. 6 COMMISSIONER LETZ: And can you refresh my memory 7 on the agreement with Schreiner University? I know they 8 obviously allowed you, slash the County, to put this church 9 on their property. Is there a long-term lease? 10 MS. DYKE: There's a lease, and it was a 25 -- it's 11 ultimately set up and then again agreed to in 2004, the 12 minutes of the Court here, and it was to be a -- it is a 13 25-year lease agreement. I would propose that at some 14 juncture in here, maybe if we're going to be reporting back 15 and so forth, that that could be an item that could be 16 considered, because that's not very long, considering the 17 time frame here, in relevance. And so I -- I think that it 18 would probably be good if we could extend that date so that 19 we won't have to take up our fence. Actually, you did vote 20 last time that the fence would be part, but that's going to 21 be really hard to do, to dig -- I see that as permanent now. 22 And I would really like to see that as part of this if we can 23 do that. 24 COMMISSIONER LETZ: I think that's something that 25 we need to look at at some point, you know, in the near 2-11-13 43 1 future as to that property, you know, the improvements. I 2 just -- I think it's a -- it always comes down to being an 3 issue. We don't think about it being an issue now, but about 4 20 or 15 years from now, everyone's going to -- 5 COMMISSIONER OEHLER: Could become a problem. 6 COMMISSIONER LETZ: -- yeah, have a problem. 7 MS. DYKE: Probably none of us will be here around 8 that time, but we have to look in perpetuity of what's going 9 to happen. 10 COMMISSIONER MOSER: Sure. 11 COMMISSIONER OEHLER: Whoever would happen to be 12 here at the time would sure not want to move it. 13 JUDGE TINLEY: Mr. Henneke, you were about to make 14 a comment a moment ago, and I want to give you an 15 opportunity. 16 MR. HENNEKE: Well, I just want to make sure that 17 everybody's got the same understanding. I've worked with 18 Ms. Dyke, and I commend the Friends group for -- you know, 19 for their tireless efforts in preserving Kerr County history. 20 Just to make sure that we're on the same page for everything, 21 the current agreement is only in regards to the gate and the 22 fence. It had a completion deadline of February 15th, 23 because that was what Mr. Jackson, on behalf of Schreiner 24 University, asked for that stipulation to make sure that 25 there was a finite end point. I'm not familiar with 2-11-13 44 1 Mr. Rector at Schreiner; I've only been dealing with 2 Schreiner's attorney, and I think there's some disconnect 3 that needs to be cleared up on their end as far as who's 4 speaking for whom. But we could -- if the Friends group has 5 the money now -- I think there was a question of that 6 earlier -- to complete the fence and the gate, what we could 7 do is agree to have the current agreement extended a month to 8 have just the gate and the fence finished and completed. I 9 imagine that Schreiner will concur. 10 You know, insofar as other projects, landscaping 11 and parking and some of the moneys that are contemplated that 12 were discussed by Ms. Dyke that they have additional plans 13 for, that's outside of the scope of the agreement, and that's 14 not a discussion that we've had with Schreiner University. 15 It sounds like some lovely plans, but what I would -- what I 16 would suggest, maybe, is once the group has the money raised 17 and has some specific plans, and, "This is what we want to 18 buy and what we want to do," then maybe come back at that 19 point in time, whether it be May or July or August, and -- 20 and once we have all the money in place, ready just to 21 proceed forward, to do that. If not -- and just to clear it 22 up, I think Ms. Dyke has referred to it as kind of ongoing 23 landscaping, and it seems like the group has an idea of just 24 being out there and -- and, you know, making things that they 25 want to do, improvements and so on, so forth. And that's not 2-11-13 45 1 really what the -- the Court so far has just given permission 2 as far as just general authority just to go out and -- and 3 it's all going to be lovely, I know, but I'm making sure that 4 we're all acting on the same page on everything. 5 So if that's going to be the case, as far as just 6 blanket permission to go out there and plant bushes and roses 7 and landscaping and so forth, then the Court would need to 8 take action on that, because the only agreement in place, 9 like I said, is for the fence. She did make reference to the 10 kind of overall issue that we still don't have any kind of 11 answer from Schreiner University as to their position or 12 thoughts as to where -- when the lease expires here in about 13 12 years. I've been trying to get an answer on that, and 14 that would be before too much investment is made into the 15 Schreiner property, it would be nice to come to a resolution 16 on that so we know, looking out even further in time, where 17 that's going to be at. But I guess since I've been involved 18 in this since November, the issue initially arose with the 19 gate and fence. We've got the money raised to finish that, 20 and they can have it finished within a month. 21 We'll get that finished, and then we could -- well, 22 it's whatever y'all would like to do. But I just -- I heard 23 two different things. I heard ongoing fundraising projects 24 to do this, and then I also heard some discussion of just 25 kind of ongoing landscaping and improvements. And I think it 2-11-13 46 1 involves two different levels of permission. One last thing 2 I'd mention is Ms. Dyke mentioned to me that there's a dead 3 tree next to the church. It's become an issue. Haven't had 4 a chance to mention it to Tim, but that's our responsibility 5 to make sure that if there's a safety issue or something like 6 that, it's resolved, and we can work that out with Schreiner 7 to figure that out. 8 MS. DYKE: May I ask a question about that? I know 9 there's a regulation in that the county can't do any work on 10 that particular property because they don't own it -- County 11 doesn't own it. But does that include taking down a tree? 12 MR. HENNEKE: That's what I was saying about if 13 there's a safety issue, we need to have that resolved, and we 14 can work that out with Schreiner as far as -- 15 MS. DYKE: So that would be a possibility? 16 MR. HENNEKE: -- their tree or our tree. We can -- 17 oh, I thought Commissioner Baldwin was volunteering Jody. We 18 should look into that. But anything else, I think it needs 19 to be clear that because this is a County-leased property and 20 a County-owned facility, nothing should be done out there 21 unless we just make sure that the County and Schreiner are 22 okay with it. And if that involves kind of just a blanket 23 permission to go out and -- and landscape, that's fine, but I 24 don't think that's been done yet. 25 COMMISSIONER LETZ: It seems to me that the way to 2-11-13 47 1 go forward is to extend the date under the current agreement, 2 'cause trying to rewrite that agreement right now is going to 3 get real cumbersome with Schreiner -- with the three parties. 4 So, you know, I'll make a motion that we extend the date -- 5 or recommend we extend the date of the agreement by two 6 months -- not one month, two months -- for the completion of 7 the fence and the gate. And -- 8 COMMISSIONER BALDWIN: So we're back to April now 9 instead of August? 10 COMMISSIONER LETZ: Well, we're only talking -- all 11 we're talking about is just the gate and the fence, which I 12 guess the County Attorney says -- 13 COMMISSIONER BALDWIN: The gate and fence is the 14 only thing we're talking about? 15 COMMISSIONER LETZ: And that's one part of the -- 16 that's a motion. 17 COMMISSIONER BALDWIN: Second the motion. 18 JUDGE TINLEY: We have a motion and a second as 19 indicated to extend the current agreement that all parties 20 have signed onto for 60 days, to April 15th. 21 COMMISSIONER LETZ: April 15th. 22 JUDGE TINLEY: Okay. 23 COMMISSIONER LETZ: A day we can all remember. 24 MS. DYKE: To complete the fence, right? 25 JUDGE TINLEY: Fence and gate. 2-11-13 48 1 MS. DYKE: The fence and the gate, okay. 2 JUDGE TINLEY: The subject matter of the original 3 agreement. 4 MS. DYKE: Right. 5 JUDGE TINLEY: Any question or discussion on that 6 motion? All in favor of that motion, signify by raising your 7 right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: That motion carries. 12 COMMISSIONER LETZ: And then on the other issue on 13 landscaping, I'm looking at the agenda to see if we can talk 14 about landscaping. I don't think we can. 15 COMMISSIONER MOSER: We can't. 16 MR. HENNEKE: Well, I think you can do it under 17 1.7. 18 COMMISSIONER LETZ: The second item? On the 19 landscaping, you know, and parking lot, I'd certainly 20 encourage y'all to raise the money on that, but I think it's 21 going to probably take a second agreement. And considering 22 the -- you know, the three parties involved, you know, we 23 probably need to get an agreement started, and once that 24 agreement is -- kind of with the plan on it. 25 MS. DYKE: Do you have a copy of this -- of the 2-11-13 49 1 part that I have a memorandum? 2 COMMISSIONER LETZ: Right. 3 MS. DYKE: A copy of the memorandum that was sent 4 to Schreiner? 5 COMMISSIONER LETZ: Yes. 6 MS. DYKE: Yeah, you have that? And it has each of 7 these items listed. And this -- this memorandum has been 8 sent to the project manager, James Rector, and he will get 9 that signed today. As a matter of fact, he's going to call 10 me and actually get either someone -- some authority to sign 11 it at Schreiner, so -- his boss or whoever it is. But the 12 point being is that they are thoroughly informed about this, 13 and they know all about the trees and everything. So -- 14 COMMISSIONER LETZ: The question, I guess, is can 15 Mr. Rector act for Schreiner University? 16 MS. DYKE: I'm sorry? 17 COMMISSIONER LETZ: Can he sign an agreement for 18 Schreiner University? 19 MS. DYKE: Unless -- unless he chooses to put 20 someone else on there. And that would be -- I put it on 21 there because he's the one I was dealing with, but -- but he 22 may get someone else to sign. 23 COMMISSIONER LETZ: To me, I'd rather that it -- if 24 this is going to be an agreement, I'd rather have Schreiner 25 sign it first. 2-11-13 50 1 JUDGE TINLEY: And that may be what you accomplish, 2 and then you can bring that back. 3 MS. DYKE: Could we so state it that upon signing, 4 that? Because -- 5 COMMISSIONER LETZ: No. 6 MS. DYKE: -- it's going to be signed today. 7 COMMISSIONER LETZ: No, I think we need to have an 8 agreement. I mean, it's a very simple thing; just bring it 9 back to us. If this is the agreement -- but, see, this isn't 10 that agreement. There's no -- 11 MS. DYKE: No, it -- that was information. 12 COMMISSIONER LETZ: Right. 13 MS. DYKE: It's not intended as an agreement. That 14 was just to pass on the information. 15 COMMISSIONER LETZ: Right. I think we need to have 16 some kind of a -- I want to know that Schreiner is 17 comfortable with us -- with the landscape plan and the 18 putting a parking lot on their property. This right now 19 doesn't show me that. 20 MS. DYKE: Okay. Well, they know about it, and 21 according to Schreiner, he agreed. But that's a verbal 22 agreement, and that's the reason that I sent the memorandum, 23 so that we could get a signature. 24 COMMISSIONER LETZ: I'm not trying to be difficult, 25 but I think we need to know what Schreiner's agreeing to 2-11-13 51 1 specifically. I mean, I don't want to go -- I don't want to 2 have -- you know, this is always an odd relationship between 3 the parties. 4 MS. DYKE: So, what, then, would you -- 5 COMMISSIONER LETZ: I think we need to have -- know 6 specifically what Schreiner is agreeing to do with the 7 landscaping and the parking lot, because that's a permanent 8 improvement on their property. And I don't think we can 9 approve you to go do work on Schreiner's property. 10 JUDGE TINLEY: Once you get something from 11 Schreiner, bring it back to us, okay? 12 MS. DYKE: I will do that. 13 JUDGE TINLEY: Thank you, ma'am. 14 MS. DYKE: Well, just -- just one last thing. May 15 I proceed with the fundraising? 16 COMMISSIONER LETZ: Sure. 17 MS. DYKE: Okay. 18 JUDGE TINLEY: That's strictly up to your group. 19 Thank you. 20 MS. DYKE: All right. 21 COMMISSIONER MOSER: Thank you. 22 MR. HENNEKE: Judge, before you move on, just to 23 confirm, part of that request is erection of the fundraising 24 sign on the Union Church property. I think it's already been 25 put up, but just to make sure that's okay with the Court to 2-11-13 52 1 have that put up on the property. 2 COMMISSIONER LETZ: Is it a nice looking sign? 3 COMMISSIONER MOSER: Yes. 4 COMMISSIONER LETZ: Sure, I have no problem with 5 it. 6 COMMISSIONER MOSER: Sure. 7 JUDGE TINLEY: We got our eyes open; it's okay. 8 COMMISSIONER MOSER: Looks good. 9 JUDGE TINLEY: Let's go to our 9:30 timed item. 10 Item 10, consider, discuss, take appropriate action to 11 request to use the show barn at the Hill Country Youth Event 12 Center for mixed martial arts event in June 2013. This item 13 was placed on the agenda at the request of Sammy Smith. Is 14 Mr. Smith present? Apparently not. Ms. Grinstead, have you 15 got any enlightenment for us? 16 MS. GRINSTEAD: No. He just came in and asked that 17 it be put on, and that he'd be back. 18 COMMISSIONER MOSER: Question. What's an MMA? 19 MS. GRINSTEAD: Like cage fitting, a cage fighting 20 event. 21 COMMISSIONER MOSER: Professional MMA event. 22 MS. GRINSTEAD: Mixed martial arts. 23 COMMISSIONER MOSER: Oh, martial arts. Okay. 24 COMMISSIONER BALDWIN: I was going to vote no 25 anyway, so let's just go on down the road. 2-11-13 53 1 JUDGE TINLEY: Let's pass on that item for now, 2 till we can get someone to bring it forward. And let's go to 3 our 10 o'clock timed item, Item 15; to consider, discuss, and 4 take appropriate action to open bids and award contract for 5 the 198th District Attorney office at Kerr County Sheriff's 6 Office Annex. 7 COMMISSIONER LETZ: I got a knife. 8 COMMISSIONER OEHLER: This is a real one. 9 COMMISSIONER LETZ: Like my grandfather used to 10 have. 11 COMMISSIONER OEHLER: You're not going to keep it. 12 COMMISSIONER LETZ: You sharpen it this morning? 13 COMMISSIONER OEHLER: I just keep it sharp in case 14 I need to cut somebody. 15 JUDGE TINLEY: Okay. The first bid that we have is 16 from J.M. Lowe and Company. Stipulated sum base bid, 17 $152,600. Okay. 18 COMMISSIONER BALDWIN: Judge, who was the first one 19 from? 20 JUDGE TINLEY: J.M. Lowe and Company. 21 COMMISSIONER BALDWIN: Okay, thank you. 22 JUDGE TINLEY: The second and only remaining bid, 23 it appears, is from Kendnel-Kasper Construction, Inc. 24 Stipulated base -- stipulated sum base bid, $116,100. 25 COMMISSIONER LETZ: Judge, I would move we accept 2-11-13 54 1 both bids and give them -- or provide them to the architect 2 to review and give us a recommendation. 3 COMMISSIONER MOSER: I second. 4 JUDGE TINLEY: I have a motion and a second as 5 indicated. Question or discussion? All in favor, signify by 6 raising 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. Okay. Let's go 11 back and start picking up the pieces. Item 5, to consider, 12 discuss, take appropriate action to accept the 2012 Partial 13 Exemption Racial Profiling Report for Constable, Precinct 1. 14 I believe the report is furnished. Do I hear a motion to 15 accept the report? 16 COMMISSIONER BALDWIN: So moved. 17 COMMISSIONER LETZ: Second. 18 JUDGE TINLEY: Motion made and seconded as 19 indicated. Question or discussion? All in favor, signify by 20 raising your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: Motion carries. Let's go to Item 8; 25 to consider, discuss, take appropriate action to approve and 2-11-13 55 1 pay quote from Office Planning Group the sum of $4.324.25, to 2 be taken from Line Item 28-635-456 as per Auditor, sum to be 3 expended for moving the rolling shelving from the County 4 Clerk's office to the jail. Ms. Pieper? 5 MS. PIEPER: That says it all, gentlemen. Just 6 need your approval. This is a dedicated fund on records 7 management, so it's not taxpayer funds. It can only be used 8 for records management. And -- 9 COMMISSIONER OEHLER: Is that -- is that all that 10 shelving, or just -- 11 MS. PIEPER: This big, long shelving. 12 COMMISSIONER OEHLER: Getting rid of that, huh? 13 MS. PIEPER: Yes. 14 JUDGE TINLEY: How many units? 15 MS. PIEPER: There's six units. 16 JUDGE TINLEY: Okay. 17 COMMISSIONER OEHLER: I'll be doggone. Computer 18 scanning? 19 MS. PIEPER: Computer scanning, and then it can be 20 sent out to Rusty for his records management. 21 COMMISSIONER MOSER: And why did you select this 22 company? 23 COMMISSIONER OEHLER: I remember big-time what that 24 was all about. 25 MS. PIEPER: The first bid that I received -- or 2-11-13 56 1 the first quote I received was over $9,000, and then I got 2 one that was a little over 8,000, and then I was able to find 3 this company. And so it's going to take probably a couple of 4 weeks to tear down, move, and rebuild, 'cause it's a lot of 5 tedious parts to it. 6 COMMISSIONER MOSER: Good. 7 MS. PIEPER: I don't think I can find a cheaper 8 price than this. 9 COMMISSIONER MOSER: Okay. That was where I was 10 heading with the question. Good, you answered it. Thank 11 you. 12 COMMISSIONER BALDWIN: That was a major purchase 13 for the County back in the -- back in the day. And the big 14 fight over whether the floor was strong enough to hold all 15 that stuff and everything. It's great. 16 JUDGE TINLEY: Well, the floor was reinforced 17 there, as I recall. 18 COMMISSIONER BALDWIN: Yes, it sure was. It was -- 19 it was a good fight for sure. 20 MS. PIEPER: And it served its purpose for our 21 office very well. 22 COMMISSIONER BALDWIN: What are you going to do 23 with that area? My goodness. 24 MS. PIEPER: There's plans. 25 COMMISSIONER BALDWIN: You can raise goats in 2-11-13 57 1 there, all kinds of stuff. We'll have a little stock show. 2 I move for approval. 3 COMMISSIONER OEHLER: Second. 4 JUDGE TINLEY: Motion made and seconded for 5 approval of the agenda item. Question or discussion? All in 6 favor, signify by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: Motion carries. Let's go to Item 9; 11 to consider, discuss, take appropriate action to approve 12 report to Commissioners Court of the status of investments 13 made under Section 887(b) of the Probate Code, as submitted. 14 Ms. Pieper? 15 MS. PIEPER: This is just once -- once-a-year 16 reports that I have to give on all the investments of -- of 17 the funds that we take care of, and I just need your approval 18 on them. 19 COMMISSIONER BALDWIN: Move for approval. 20 COMMISSIONER LETZ: Second. 21 JUDGE TINLEY: Motion made and seconded for 22 approval. Question or discussion? All in favor, signify by 23 raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 2-11-13 58 1 (No response.) 2 JUDGE TINLEY: Motion does carry. We'll go to Item 3 11; to consider, discuss, take appropriate action to approve 4 and ratify the official bond of Robbin Burlew, Kerr County 5 District Clerk. Ms. Burlew's bond was in force and in place 6 actually on the 29th day of January, two or three days before 7 she took office, so we've had the coverage. Just need the 8 Court's approval to ratify the bond. 9 COMMISSIONER BALDWIN: So moved. 10 COMMISSIONER OEHLER: Second. 11 JUDGE TINLEY: Motion made and seconded for 12 approval. Question or discussion? 13 COMMISSIONER MOSER: That's a $100,000 bond? 14 JUDGE TINLEY: Yes, it is. 15 COMMISSIONER MOSER: Well, just out of curiosity, 16 bond amounts seem very all over the place. How's 17 that handled? 18 JUDGE TINLEY: Well, statutory, primarily. Your 19 bond, as I recall, is only like $3,000. 20 COMMISSIONER MOSER: $3,000, right. 21 JUDGE TINLEY: My bond's only, I think, $5,000 or 22 $10,000. 23 COMMISSIONER MOSER: Yeah, right. 24 JUDGE TINLEY: Treasurer's bond is -- has a range 25 to it, depending upon the general tax levy amount of the 2-11-13 59 1 county for the preceding year, and we can go to a certain 2 amount. District Clerk, very much the same. And if I'm not 3 mistaken, the District Clerk's bond is capped under the 4 statute at $100,000, so she's bonded for the max under the 5 law. 6 COMMISSIONER MOSER: Okay, thank you. 7 JUDGE TINLEY: Any further question or discussion? 8 We do have a motion and second? 9 THE CLERK: Yes. 10 COMMISSIONER MOSER: Yes, we do. 11 JUDGE TINLEY: Okay. Further question or 12 discussion? All in favor of the motion, signify by raising 13 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 18 12; consider, discuss, take appropriate action to fill two 19 open positions in the District Clerk's Office. Ms. Burlew. 20 MS. BURLEW: Morning. 21 JUDGE TINLEY: Good morning. 22 MS. BURLEW: Yes, I have two open positions, 'cause 23 I moved up into the District Clerk's position, so that left 24 my open spot, and then another spot of another clerk. So, 25 I'm proposing to the Court that I'm going to move Tammy 2-11-13 60 1 Marquart to Chief Deputy at a 19.1, and then I have Linda 2 Mendoza that's actually working part-time at this time, and 3 I'm proposing to move her to one of the full-time positions 4 at a 16.1. And then that will still leave one -- one 5 position open on the front, and I'd like to be able to -- if 6 I can fill that at an experienced position, then I'd propose 7 that at a 16.1. If not, then I'd like to, you know, have 8 them come in at a 15.1. And then I have Deleana Piper that 9 has had increased duties, as far as moving into criminal, 10 learning criminal, and I'm proposing to move her from a 15.1 11 to a 16.1. 12 COMMISSIONER BALDWIN: Man, you learn fast. 13 MS. BURLEW: Sir? 14 COMMISSIONER BALDWIN: I said you learn fast. 15 MS. BURLEW: Well, plus I have all those in my 16 budget, so I won't be going over my budget this year. 'Cause 17 I have excess money as far as in the budget. 18 COMMISSIONER BALDWIN: Not your slot, but the other 19 one you're talking about, Linda Mendoza moving into -- now, 20 where did that come from? Where did that slot come from? 21 Was it -- I mean, it's not a brand-new thing. Somebody left 22 at some point and you never did fill it? 23 MS. BURLEW: Well, no. Actually, if I move Tammy 24 over into the -- 25 COMMISSIONER BALDWIN: It's Tammy's old slot? 2-11-13 61 1 MS. BURLEW: Yes, Chief Deputy. Then I'll move 2 Linda Mendoza into Tammy's slot, and then I'll still have one 3 slot open on the front end. 4 JUDGE TINLEY: Let's talk about budgetary impact 5 next year. You've got excess funds for this year to cover 6 these things. With the adjustments you're making, what sort 7 of budgetary impact will we have next year? 8 MS. BURLEW: I still foresee -- I think we'll be 9 fine as far as next year's budget, for the simple fact that, 10 you know, as me not being in -- having longevity, then 11 there's money left over there as far as next year, even. 12 JUDGE TINLEY: Okay. And you're still carrying an 13 open slot? 14 MS. BURLEW: Yes. 15 JUDGE TINLEY: Okay. What -- what, if anything, if 16 you know, are your plans with regard to that open slot? 17 MS. BURLEW: Well, I plan to fill that slot 18 eventually, probably in the next -- you know, if I can go out 19 for, you know, applications and so forth, and I hope to fill 20 that probably in the next month. 'Cause that -- 21 COMMISSIONER OEHLER: But that still keeps you 22 within your budget? 23 MS. BURLEW: Yes, sir. 24 COMMISSIONER LETZ: I'm not as -- I mean, I'm 25 concerned about the budget, but we can't authorize you to 2-11-13 62 1 hire -- move someone that used to be in a slot at this desk 2 to a 16.1 to a 17.1. Or does -- I mean, those have to be -- 3 those are based on job descriptions. And a job description 4 has to -- you know, if we're revising job descriptions, you 5 want to redo your whole office, that's fine. Get with the 6 H.R. department and come up with new job descriptions. But 7 those are pegged to step and grades based on what they're 8 doing, so we can't just say you're going to move someone up 9 to a 17.1, unless -- without a job description change to go 10 with it. 11 MS. BURLEW: Okay. 12 COMMISSIONER LETZ: You know, from the standpoint 13 of filling -- of moving someone internally, Tammy up to your 14 slot, that's certainly within -- I don't even think you need 15 to come to us for authority for that. And the other spots 16 shifting around, as long as you're not changing job 17 descriptions and reshuffling in your office, you can do that, 18 in my opinion, without coming to us. If you're going to -- 19 because of the, quote, hiring freeze that we have, you're 20 filling a vacancy, and what you're doing, sounds like one of 21 those, you can fill this current slot, but it has to be that 22 grade -- or step; I always forget. Whichever one -- the 23 first number. 24 COMMISSIONER MOSER: I thought she was moving 25 somebody into a slot with the job description. 2-11-13 63 1 MS. BURLEW: I am, actually. I'm actually moving 2 Tammy into the chief deputy slot. 3 COMMISSIONER MOSER: Okay. 4 MS. BURLEW: And then I'm moving Linda Mendoza, 5 which is part-time, into Tammy's old spot. Of course, Tammy, 6 I believe, was at a 16.2, and I'm proposing Linda Mendoza 7 moving into Tammy's slot at a 16.1. 8 COMMISSIONER LETZ: That's fine. That's fine. But 9 there's talk of another -- I thought -- 10 MS. BURLEW: Well, on the position as far as hiring 11 someone, I was trying to -- if I could get someone 12 experienced, then I was trying to have them come in at a 16.1 13 instead of at the 15.1 slot. 14 COMMISSIONER LETZ: That's where our -- the way 15 we've handled that in the past is, rather than go from a 15.1 16 to a 16.1, you go to a 15.2. 17 MS. BURLEW: 15.2? 18 COMMISSIONER LETZ: Or something along that line, 19 because that job description is a slot 15. Unless you change 20 the job description. And we have given at times 21 occasionally, you know, credit for experience. Not very 22 often, but occasionally. 23 MS. BURLEW: Occasionally. 24 COMMISSIONER OEHLER: Yeah. 25 COMMISSIONER LETZ: So -- 2-11-13 64 1 COMMISSIONER OEHLER: That's really the only one 2 we're concerned about. 3 COMMISSIONER LETZ: That's the one that's got to 4 be -- 5 COMMISSIONER OEHLER: The new hire, wanting to go 6 to a different step. 7 COMMISSIONER LETZ: Right. It has to be the same 8 job description as currently, unless you -- and you certainly 9 have authority to get with -- you know, try to restructure 10 your office, you know, and come to us for new job 11 descriptions, you know, and that's frequently done. 12 MS. BURLEW: Okay. So, everything's good except 13 that one slot, filling that position, right? 14 COMMISSIONER LETZ: Yeah. That's -- 15 JUDGE TINLEY: That's the one you're going to need 16 to bring to us specifically. 17 MS. BURLEW: Okay. 18 JUDGE TINLEY: The new one. 19 MS. BURLEW: Okay. So, once I probably get that in 20 place, as far as a -- 21 COMMISSIONER LETZ: Right. If you have a -- if you 22 want to hire someone at a higher than a 15.1, that new spot, 23 or the person you're hiring from outside, then you need to 24 come to us for approval. But -- and I guess we probably -- 25 the way we've been acting, we need to give you authority to 2-11-13 65 1 fill that position. And I'll make a motion to give you 2 authority to fill that open position at a 15. 3 COMMISSIONER OEHLER: Second. 4 MS. BURLEW: Okay. 5 JUDGE TINLEY: Motion made and seconded as 6 indicated. Question or discussion? All in favor, signify by 7 raising your right hand. 8 (The motion carried by unanimous vote.) 9 JUDGE TINLEY: All opposed, same sign. 10 (No response.) 11 JUDGE TINLEY: Motion carries. 12 COMMISSIONER LETZ: You got what you need for now, 13 right? 14 MS. BURLEW: Yes, sir. Thank you. 15 JUDGE TINLEY: Okay. Let's go to Item 13; to 16 consider, discuss, take appropriate action to appoint Kerr 17 County Law Librarian effective 2-1-2013. We had an item on 18 the agenda earlier. At that time, I believe Ms. Uecker was 19 currently the librarian. She's now resigned effective 20 February the 1st. If I'm not mistaken, her resignation is 21 part of the backup here. Okay. Where are we on this? 22 Ms. Burlew, you put the item on the agenda. Seems like we've 23 got some additional -- 24 MS. BURLEW: Right. Last time it was on the 25 agenda, we didn't know who the District Clerk was going to be 2-11-13 66 1 at that moment, so then Commissioner Letz had decided to wait 2 until whoever was appointed. So, I'm -- I'm asking the 3 Court, I guess, at this time to appoint -- I mean, give the 4 approval for me to take over the Law Library. 5 COMMISSIONER LETZ: What's the stipend? 6 MS. GRINSTEAD: I don't know. 7 JUDGE TINLEY: Ms. Auditor? 8 MS. HARGIS: 4,200. 9 COMMISSIONER LETZ: 4,200 is the stipend? 10 MR. HENNEKE: I've sent the Court an e-mail, 11 gentlemen. I'm willing to do it without the stipend. You 12 know, look at it from -- take over from that perspective, 13 look at what we're doing in the Law Library, or we can keep 14 it with the District Clerk. Really makes no difference. I 15 thought it would be kind of interesting, and I sent y'all the 16 e-mail to volunteer. But -- 17 COMMISSIONER BALDWIN: Are you familiar with the 18 Law Library? Have you been the one that's been actually 19 doing -- 20 MS. BURLEW: Actually, Linda had still been doing 21 it, but then I've been helping out, you know, people that 22 come in and -- and need stuff in the law library, so I've 23 been, you know, working in it in that manner. But actually, 24 Linda had been doing all the -- you know, the updates and 25 everything as far as the -- the library. 2-11-13 67 1 COMMISSIONER BALDWIN: Have you seen any issue that 2 there's -- the library there being sub-par in any way? I 3 mean, all the pocket parts getting in the right books and all 4 that stuff? 5 MS. BURLEW: Yes, sir, all that's been done. 6 COMMISSIONER BALDWIN: The library's up and 7 running? 8 MS. BURLEW: Yes, sir, it's all up-to-date as of 9 right now. 10 COMMISSIONER OEHLER: As to Rob's e-mail that he 11 could do more of an electronic, and not have to -- be a lot 12 less expensive, maybe. May be more accessible. 13 MR. HENNEKE: I don't have a clue. We spend 14 $80,000 a year under that budget, and I think $60,000 of that 15 is books. And for a member of the local bar association, you 16 know, I can't recall that there's ever been a dialogue as far 17 as whether the needs of the bar association -- what do -- you 18 know, the local attorneys, you know, what do they use? What 19 they don't use, what they'd like to have. For whoever does 20 the library, you know, I think those questions ought to be 21 asked. Are we spending $30,000 on stuff that nobody looks 22 at? You know, could that money be better spent? Linda did a 23 great job of taking care of the legal personnel within the 24 courthouse. I know myself, I'm sure yourself, Judge Tinley, 25 and the District Judges upstairs. You know, she helped us 2-11-13 68 1 make those purchases. But as far as what's in that room 2 upstairs, I don't know what we're buying. I know when I came 3 in as County Attorney, that office was spending hundreds, if 4 not, you know, thousands of dollars a year on books that were 5 just kind of on automatic renew, that were sitting on 6 shelves, nobody was looking at. And I've canceled a lot of 7 that, because we weren't using it and the same information is 8 available online or through Westlaw that we already have. 9 So, whoever does it, it's probably a really good time to 10 relook at it, because that is a very large amount of money. 11 And if, you know, the needs aren't being met, or if there's 12 money that we're spending that nobody's even using those 13 resources, maybe we could add -- you know, add some computers 14 or add some other type of materials that would be more 15 pertinent to the legal community here, and -- and to the 16 courthouse. I think everyone in the courthouse's needs are 17 being met, but as far as an open-to-the-public law library, 18 maybe there is, maybe there isn't. I don't know; I've never 19 looked at it, and I'm not sure the last time that that's 20 been -- 21 COMMISSIONER MOSER: This agenda item is for 22 appointing the librarian, not to look at all of the -- 23 COMMISSIONER BALDWIN: Yeah. 24 COMMISSIONER MOSER: -- the operations. 25 MR. HENNEKE: Well, the library is under the 2-11-13 69 1 librarian, whoever's going to be the librarian. 2 COMMISSIONER MOSER: Yeah, I understand, but the 3 subject here is appointing the librarian. 4 MR. HENNEKE: Sure. 5 COMMISSIONER MOSER: And the next step is, whoever 6 that is, work the problems you're talking about. 7 MR. HENNEKE: Right. 8 COMMISSIONER LETZ: Is this the same as the library 9 used by prisoners, or -- 10 SHERIFF HIERHOLZER: To be honest, we had our own, 11 which was hardback books, for years. We have gone away from 12 that, and inmates are now -- it's all computerized, that they 13 have access to stuff. We keep an old set of hardback law 14 books that they can view and look at, but they do know and 15 they are advised that they're outdated, that we do not update 16 them any more. And it has really cut down all the costs in 17 doing that. Now, this does pay for -- like, this year, I'll 18 buy new Penal Codes and Codes of Criminal Procedures for all 19 the officers. And for our department, all the books we use, 20 just like Judge Tinley, those need to be hardback and 21 paperback type books, and it comes out of that fund. We send 22 the bill over to the Law Library. 23 COMMISSIONER LETZ: I mean, I -- 24 COMMISSIONER BALDWIN: We have actually had a 25 conversation with the lawyers in town at one time, and I 2-11-13 70 1 remember two comments coming from them. One was, a lot of 2 them were computerized. They didn't even use the library; 3 they were computerized and had access to everything through 4 their computer in their -- inside their office. And two, 5 there was -- but on the other side, there was a -- I remember 6 a couple of lawyers just enjoyed the sound of turning pages, 7 you know, the feel of a book in their hand and all that. 8 That's the way my daughter is. She -- she's big-time 9 library, because she likes to hold books. 10 COMMISSIONER MOSER: Good. 11 COMMISSIONER BALDWIN: Kind of strange. But -- but 12 we have had -- but I think it's probably time to revisit 13 that. 14 COMMISSIONER LETZ: Do we -- I thought we had 15 computers upstairs. 16 MR. HENNEKE: There's a couple. 17 MS. BURLEW: Yeah, we have actually three. 18 MR. HENNEKE: There's Westlaw access for the 19 public. One of the services we provide, since that can be 20 very expensive to pay privately, is there's general public 21 Westlaw access upstairs. 22 COMMISSIONER LETZ: I think -- I mean, it's -- you 23 know, I certainly don't know a whole lot about who uses what 24 law books and all that stuff, but I'm not as concerned about 25 making it convenient for lawyers. (Laughter.) I mean, if 2-11-13 71 1 it's -- if we're -- 2 COMMISSIONER BALDWIN: I'm with him. 3 COMMISSIONER LETZ: If we can save money and get 4 rid of books and have all computers, then lawyers will learn 5 how to use computers. In my mind, as long as we're meeting 6 whatever the needs are, I just -- you know, and I thought 7 this -- when we did remodel up there? 8 JUDGE TINLEY: Let me suggest to you, Commissioner, 9 that library fund is being raised by virtue of the activities 10 of lawyers filing cases. That's where the money comes from. 11 COMMISSIONER LETZ: I understand that. But still, 12 I mean, you know, just because they like to hear pages 13 turn -- 14 COMMISSIONER OEHLER: Well -- 15 JUDGE TINLEY: No, I'm not suggesting that the 16 answer is to -- 17 COMMISSIONER LETZ: Right. 18 JUDGE TINLEY: -- keep more hard copy around. 19 Certainly, you need to change with the times. But -- but in 20 addition to the -- to the court personnel and -- and folks 21 here in the courthouse and the county government having 22 access to current codes and so forth, the law library is -- 23 has been primarily for the bar, and secondary to the public 24 at large. But how that's accessed, of course, is -- is 25 another issue, whether it's hard copy books or -- or computer 2-11-13 72 1 access. You know, that's dependent upon whatever the -- 2 whatever's in vogue at the time. 3 COMMISSIONER LETZ: Well, back to the agenda item, 4 we have a -- 5 COMMISSIONER BALDWIN: Yeah, let's get back to the 6 agenda item. 7 COMMISSIONER LETZ: -- an offer from the County 8 Attorney to do this at no cost. It's hard to go -- to spend 9 4,200 if he'll do it for free. Do you want to do it for 10 free? (Laughter.) I mean, it's, you know, dollars and 11 cents. I'm sorry. 12 MS. BURLEW: Yeah. 13 COMMISSIONER BALDWIN: Actually, I want to move to 14 approve the agenda item, personally. And hopefully that 15 she'll come back with a report soon, as the librarian, of is 16 there a need for upgrade, and what would that need be? And 17 the cost, et cetera. 18 COMMISSIONER LETZ: Your motion is to pay the 19 stipend -- keep the stipend? 20 COMMISSIONER BALDWIN: Yes, $4,200 like we've been 21 doing for three or four hundred years. 22 COMMISSIONER MOSER: But is that -- is that the 23 agenda item? The agenda item is to appoint the librarian. 24 COMMISSIONER OEHLER: When you appoint, you also 25 set the stipend. 2-11-13 73 1 JUDGE TINLEY: Yeah, the stipend's -- 2 COMMISSIONER OEHLER: Part of the budget. 3 JUDGE TINLEY: -- plugged in. 4 COMMISSIONER LETZ: I mean, I remember -- I mean, I 5 agree with you. As long as I've been a commissioner, I 6 believe -- are you waiting for a second? 7 JUDGE TINLEY: Yeah. I've got a motion in front of 8 me to appoint Ms. Burlew as County Law Librarian. Do I have 9 a second to that motion? 10 COMMISSIONER MOSER: Second. 11 JUDGE TINLEY: We have a motion and a second. 12 Okay. Now, let's talk about that motion. Question or 13 discussion? 14 COMMISSIONER LETZ: On the -- I agree that -- 15 certainly, I believe for as long as -- actually, I'm not 16 positive about that. I know we've changed the stipend since 17 I've been a commissioner, and I believe Linda was law 18 librarian the entire time I've been a commissioner, but I 19 can't swear to that part of it. But I just have a hard time 20 spending money if we don't need to. I mean, the County 21 Attorney's going to do it for free. I can't -- 22 COMMISSIONER OEHLER: Well, we might could reduce 23 the filing fees and stuff supporting the funds that, you 24 know, add books to that library every year if we have a 25 cheaper way to do it. 2-11-13 74 1 JUDGE TINLEY: Further question or discussion on 2 the motion? All in favor of the motion, signify by raising 3 your right hand. 4 (Commissioners Baldwin and Moser voted in favor of the motion.) 5 COMMISSIONER BALDWIN: Can't remember what it was. 6 JUDGE TINLEY: All opposed, same sign. 7 (Commissioners Letz and Oehler voted against the 8 motion.) 9 JUDGE TINLEY: We have two to two. I'm going to 10 vote nay, so the motion fails. Any further question? Any 11 further motion? 12 COMMISSIONER LETZ: I'll make a motion to appoint 13 the County Attorney as law librarian at no stipend. 14 JUDGE TINLEY: Okay, I have a motion. Do I hear a 15 second? 16 COMMISSIONER OEHLER: Second. 17 JUDGE TINLEY: I have a motion and a second. 18 Question or discussion on that motion? All in favor of that 19 motion, signify by raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: Motion carries. Okay, let's go to 22 Item 14; consider, discuss, take appropriate action to 23 authorize having a day on March 9, 2013, Saturday, from 9:00 24 to 1:00 as National Passport Day and discuss the security for 25 that day at the courthouse. 2-11-13 75 1 MS. BURLEW: Yes, sir. 2 JUDGE TINLEY: Is that some sort of a federal thing 3 that's being pushed? 4 MS. BURLEW: Well, actually, they've been doing 5 that for several years now, the passport facility. We just 6 never have gone aboard to offer that in our community. So, I 7 was going to come to the Court and see what -- present that 8 to the Court about having that day. They actually have the 9 time set for 10:00 to 3:00, but I was thinking, you know, 10 depending on if we needed security that day, if we did go 11 forward in having a passport day for the community, we'd be 12 able to come in after hours and -- you know, other than 13 Monday through Friday, then we could just cut the hours down 14 to 9:00 to 1:00, and have the courthouse open just for that 15 day for accepting passports. 16 JUDGE TINLEY: Do we not have a lot of folks that 17 come from out of town -- 18 MS. BURLEW: Yes, sir, we do. 19 JUDGE TINLEY: -- to obtain their passports here, 20 primarily because the process is much more friendly? 21 MS. BURLEW: Right. 22 JUDGE TINLEY: Much quicker? 23 MS. BURLEW: Right. They -- you know, it's like in 24 San Antonio and different areas, they have to usually make an 25 appointment or, you know, wait in line. We're here. You 2-11-13 76 1 know, not very often do they have to wait in line to get a -- 2 you know, fill out their application and for us to accept 3 them. 4 JUDGE TINLEY: So, bottom line is, we're not having 5 a problem -- 6 MS. BURLEW: No. 7 JUDGE TINLEY: -- having applicants seeking us out 8 from outside of our community. 9 MS. BURLEW: No, sir. That was just a service that 10 I thought that would be good for the community. 11 COMMISSIONER MOSER: So, what is the purpose of 12 National Passport Day? 13 MS. BURLEW: Just to offer a better service as far 14 as passports being available to, you know, people that maybe 15 have a problem -- 16 COMMISSIONER MOSER: This is the only day we do 17 that? 18 MS. BURLEW: Yes, sir. 19 COMMISSIONER MOSER: I see. 20 MS. BURLEW: March the 9th. 21 JUDGE TINLEY: Have you had any complaints from 22 potential applicants of, "Gee, if you guys would just be open 23 late hours in the evening or on Saturday, I could get this 24 done," but have you had any complaints of that nature? 25 MS. BURLEW: Well, I mean, we do have some that 2-11-13 77 1 rush in right at 5 o'clock, you know, because, you know, 2 they're limited as far as their time. But, I mean, we -- we 3 stay after 5:00; it's no problem. You know, it's not that we 4 have to do this. I just thought it might be a good service. 5 But, you know, if it's going to cost -- 6 COMMISSIONER OEHLER: During the course of a whole 7 year, I don't see that's going to have a big impact on making 8 something more available. 9 COMMISSIONER MOSER: I'm still confused. Do we 10 offer passports -- this is the only day we're going to offer 11 passports? 12 MS. BURLEW: If you -- no, sir, we offer passports 13 every day, Monday through Friday. 14 COMMISSIONER MOSER: What is the significance of 15 National Passport Day? 16 MS. BURLEW: I guess they're just -- it's 17 promoting, you know. 18 COMMISSIONER MOSER: Who is? 19 MS. BURLEW: Well, the passport facility is 20 promoting. 21 COMMISSIONER MOSER: Passport facility where? 22 MS. BURLEW: Out of Houston. 23 COMMISSIONER MOSER: So, what we're proposing to do 24 is enforce something that the passport facility out of 25 Houston is saying to declare this a National Passport Day? 2-11-13 78 1 MS. BURLEW: Right. Like I said, they've been 2 offering this, but we just never did go for it. 3 COMMISSIONER MOSER: So, who cares? 4 COMMISSIONER BALDWIN: It's not me. 5 COMMISSIONER MOSER: Really, who cares? 6 JUDGE TINLEY: Let me see if I can -- 7 COMMISSIONER MOSER: Please. 8 JUDGE TINLEY: Does any member of the Court have a 9 motion to offer on this? 10 COMMISSIONER LETZ: Well, I just have a comment. I 11 mean, if the purpose is to just -- I'm not sure how this 12 would happen, but, you know, raise public awareness that the 13 District Clerk is where you can get passports, to me, it's a 14 good thing. I'm not sure, you know, by declaring it a day, 15 does that -- 16 MS. BURLEW: Well, I'm not really declaring it. 17 I'm just offering that day, 'cause that's the day they -- 18 they're actually going to do advertisement. They're going to 19 actually promote advertisement for us as far as having the -- 20 that day offered to the community, you know, outside of the 21 Monday through Friday hours. So, I just thought by them 22 helping promote the -- you know, going to the newspaper and 23 advertising it, and advertising it on the radio, that would 24 help our office as far as promotion. 25 COMMISSIONER BALDWIN: I know what she's talking 2-11-13 79 1 about. We're missing the whole deal. Who cares about that? 2 Do it. But the security -- 3 COMMISSIONER OEHLER: That's the issue. 4 COMMISSIONER BALDWIN: -- is the issue. 5 MS. BURLEW: That's what I'm saying. Do we have to 6 have security for that day? 7 COMMISSIONER BALDWIN: So, are you going to get a 8 freebie out of the Sheriff like you did the County Attorney? 9 SHERIFF HIERHOLZER: No. 10 COMMISSIONER BALDWIN: Well, courthouse security. 11 Courthouse doors are open. That's what the security is. 12 COMMISSIONER MOSER: Saturday. 13 COMMISSIONER LETZ: Oh, it's Saturday? I'm sorry. 14 COMMISSIONER OEHLER: Yeah, it's a Saturday. 15 You're missing the whole point. 16 COMMISSIONER LETZ: I was like, "What's the big 17 problem?" Light went on. 18 COMMISSIONER BALDWIN: God, isn't it wonderful? 19 JUDGE TINLEY: Well, bottom line is, we're being 20 sought out because we got the most convenient game in town, 21 and, you know, Monday through Friday, regular -- regular 22 business hours. 23 COMMISSIONER BALDWIN: I agree. 24 JUDGE TINLEY: So, we've already got the best deal 25 in town. 2-11-13 80 1 MS. BURLEW: Okay. 2 JUDGE TINLEY: That's my thinking. And I'll 3 inquire again. Any member of the Court have a motion to 4 offer on this matter? Hearing none, let's move on. Take a 5 -- why don't we take about a 15-minute recess? That's how 6 we'll move on. 7 (Recess taken from 10:40 a.m. to 11 a.m.) 8 - - - - - - - - - - 9 JUDGE TINLEY: Okay, let's come back to order, if 10 we might, and go to Item 16; consider, discuss, take 11 appropriate action to accept audit reports for Justice of the 12 Peace, Precincts 2 and 4. Ms. Hargis? 13 MS. HARGIS: Good morning. How is everyone this 14 morning? We have two audit reports for you. One is on 15 Precinct 2 Justice of the Peace. These are our annual audits 16 that we do on those. We didn't find any significant problems 17 in that area, and no significant recommendations. On 18 Precinct 4, we did. We have requested that these -- there 19 was some lack in getting the deposits done on a daily basis. 20 We have made some recommendations there, and one of them is 21 that she be allowed to leave at 4:30 to be able to go and 22 make the deposit on time. This -- and since we have done the 23 audit, we have noticed that the deposits have been made on a 24 more timely basis. 25 We -- the Court, as you recall, a couple years ago 2-11-13 81 1 made a court order stating that deposits would be made on a 2 daily basis, and some of our outlying offices look at if they 3 have a small deposit, they don't need to take it in. Or -- 4 but they don't all have safes. They don't all have a secure 5 place to keep these funds, and so we're just making sure that 6 these are done on a timely basis. It's also a cash 7 situation. You know, we're -- we run on cash, and we need to 8 have our cash in the bank so that -- even though we make a 9 small amount of interest, it does accumulate over time. So, 10 we made those recommendations to this office, and we're going 11 to do a checkup -- a follow-up on this to make sure it's 12 being done. But as far as we know, they are doing what we 13 asked them to do. So -- 14 COMMISSIONER BALDWIN: Can you monitor that, like, 15 daily? By -- by observing the bank numbers? 16 MS. HARGIS: We can monitor it. The Treasurer and 17 I have been actually checking the -- the dates that she has 18 on them. I don't see the reports. I can't actually go on 19 there online -- I guess I could. I don't, but the Treasurer 20 can. If you'd like for us to do that, I'm sure she would do 21 that. 22 COMMISSIONER BALDWIN: I was just wondering. 23 MS. HARGIS: But we can, yes, go online. The 24 Treasurer can go online and check those deposits. But 25 another way that you might want to sometimes -- I know not 2-11-13 82 1 all of you have the opportunity to check out the reports that 2 -- that are sent in, but I would advise sometime that you 3 grab one of them and look at them, because I have looked at 4 several of those, and there's a strong indication that -- 5 that daily deposits are not being done by a lot of the 6 offices, and we need to make sure that that policy stays in 7 place for the safety of the assets of the county, as well as 8 it keeps them -- a more accurate report of our deposits. 9 It's easier to make sure they're correct. And, you know, one 10 thing just kind of leads to another. We are in the process 11 of doing a couple more audits this year. We have kind of 12 been pushed to do several. I'm not real pleased with some of 13 them, and I'm working hard to get those in place. 14 We -- we need to -- I need the Court to kind of 15 stand behind me, 'cause some of the officials are not real 16 willing for me to come into their offices. Others are. But 17 we go in there as both a learning tool, and -- and because 18 the Government Code requires we go in to audit these offices 19 so that we can help make sure that they're doing their 20 processes correctly, and to help them with new tools that we 21 might have. And one of the biggest things that I need to 22 bring up another time is that we probably need some more 23 training, not just on the software that we use, but on the 24 other tools that we've never trained our people on, such as 25 Excel and Word. And a lot of the tools that we could use to 2-11-13 83 1 help them do their bank rec's and things of that nature 2 better, they're not equipped to do. 3 So, when I have the opportunity to put a school 4 together that could be done here locally, I'm going to try to 5 get it done at about $100 a head, where we can do it possibly 6 at the Sheriff's Office and do some training for -- these are 7 tools that we should have already had, but we're kind of 8 behind on that. We need to get up to date. And so I think 9 these are one of the things that will help us a lot with some 10 of our clerks. And, you know, if you don't use a tool, you 11 don't -- you forget how to use it, so those who may have used 12 it in the past just don't really remember how to do it. So, 13 the other two audits won't be ready probably for another 14 month. They're pretty detailed, and they're in several 15 sections. So, I'll probably bring those around the first of 16 March. 17 COMMISSIONER MOSER: I move that we accept the 18 audit reports. 19 COMMISSIONER BALDWIN: Second. 20 JUDGE TINLEY: Motion made and seconded to accept 21 the audit reports covered by the agenda item. Question or 22 discussion? All in favor, signify by raising your right 23 hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 2-11-13 84 1 (No response.) 2 JUDGE TINLEY: Motion does carry. Let's go to Item 3 27, -- I notice we've got a number of people here from the 4 baseball community -- to consider discuss, take appropriate 5 action on resolution supporting Kerrville Little League/ 6 Kerrville Youth Baseball and Softball Association. 7 Commissioner Letz? 8 COMMISSIONER LETZ: I put this on the agenda for 9 probably three reasons. One, I had a long meeting with 10 Kerrville -- the president of Kerrville Little League, Blake 11 Caraway, and this was discussed at that time. The other 12 reasons are, one, you know, I've been going back through a 13 lot of the old documents, and some of them related to Little 14 League and the county property out there. I thought it was a 15 good time to kind of publicly recognize Little League for 16 what they've done, because they have undertaken a lot out 17 there. They've done a lot with that property over the years, 18 and, you know, the initial 25-year period of use of that 19 property is -- has ended. So, recognition, and then the 20 final thing I want to do on here, I'm amazed about the kind 21 of confusion I keep on hearing in the community, that the 22 County has canceled a lease out there. So, I thought it 23 would be, you know, worthwhile to put it in a resolution, and 24 maybe this will clear it up, of what -- you know, what I 25 think our position is, and it also relates to some new 2-11-13 85 1 developments that I've included in the resolution. We 2 received a letter -- we sent notice to Little League that the 3 lease was over, and in the response back to that from Little 4 League's attorney, they made reference to the possibility of 5 a facility being built. And that, in my mind, is the reason 6 I added some of the additional language in there, the use of 7 some of the facilities out there. So, just -- let me go 8 ahead and read it. This has been wordsmithed to death for 9 the last couple weeks, and I sent to it Blake Caraway early 10 this morning or late last night -- early this morning, with 11 the current version, so they haven't had a lot of time to 12 look at it, but it's really kind of our resolution. So, let 13 me go ahead and read it. 14 Resolution of Kerr County Commissioners Court 15 supporting Kerrville Little League. Whereas, Kerrville 16 Little League has been chartered to a youth baseball 17 organization in Kerr County since the 1950's. Whereas, in 18 1986, the group of volunteers sought a permanent facility in 19 the community for the growing youth baseball/softball 20 programs in Kerr County. Whereas, on February 9th, 1987, 21 Kerr County Commissioners Court dedicated 3.95 acres of 22 county property at the corner of State Highway 27 and 23 Spur 100 for the development of youth baseball in Kerr 24 County, and in 1996, an additional 11.77 acres was added to 25 this youth baseball/softball facility. Whereas, Kerrville 2-11-13 86 1 Little League may at times be referred to as Kerrville Youth 2 Baseball and Softball Association. Whereas, this facility 3 has been constructed and maintained by Kerrville Little 4 League with countless hours of volunteers, county support, 5 and the generous support of local foundations, and these 6 efforts have resulted in a first-class youth baseball/ 7 softball facility. 8 Whereas, Kerr County Commissioners Court would like 9 to specifically thank the Hill Country Charity Ball, the Hal 10 and Charlie Peterson Foundation, and the Floyd and Kathleen 11 C. Cailloux Foundation for their generous support. Whereas, 12 in the past 25 years, youth baseball and softball 13 participation has grown in Kerr County, and there are 14 currently multiple organizations using the facility. 15 Whereas, the term to use the property approved by Kerr County 16 Commissioners Court Order 17097 ended February 9th, 2012, and 17 since such date, Kerr County Commissioners Court has extended 18 the use of the property until July 31st, 2013, to Kerrville 19 Little League and other organizations for the benefit of the 20 youth of Kerr County. Whereas, on or before July 31st, 2013, 21 Kerr County Commissioners Court intends to enter into a new 22 agreement with Kerrville Little League for the use of the 23 property. Whereas, Kerr County Commissioners Court 24 understands that Kerrville Little League is exploring the 25 construction of a new facility. Whereas, Kerr County 2-11-13 87 1 Commissioners Court continues to support youth activities in 2 Kerr County, including baseball and softball programs. 3 Now, therefore, be it resolved on this 11th day of 4 February, 2013, one, Kerr County Commissioners Court would 5 like to thank Kerrville Little League and all volunteers for 6 the years of supporting the youth of Kerr County. Two, Kerr 7 County Commissioners Court commits to the long-term use of 8 the current property and facilities at Highway 27 and Spur 9 100 for youth baseball and softball activities as long as 10 such facilities are needed. Three, Kerr County Commissioners 11 Court commits to working with Kerrville Little League and 12 other local youth baseball/softball organizations for 13 long-term use of the current facility. Four, Kerr County 14 Commissioners Court supports all efforts to improve the 15 current youth baseball/softball facility, including expansion 16 and improving of the current facility, or construction of a 17 new facility. And five, Kerr County Commissioners Court 18 agrees to donate current improvements at the current facility 19 that can reasonably be relocated and may legally be donated 20 to assist in the construction of a new facility, as long as a 21 new facility is open to the public, and such new facility 22 makes the current facility not needed for public youth 23 baseball and softball activities. 24 So, I think that's kind of -- it solves a lot of 25 issues. I think it kind of points out our commitment to the 2-11-13 88 1 property and to Little League. Also, I think it also puts in 2 writing, you know, that the facility improvements out there 3 will be used for youth baseball, either at this facility or 4 another facility, and we will donate them, 'cause we have no 5 interest in -- you know, in those improvements otherwise. 6 So, that's kind of -- that was my intent. And I'll make a 7 motion to adopt the resolution. 8 JUDGE TINLEY: I have a motion -- 9 COMMISSIONER BALDWIN: Second. 10 JUDGE TINLEY: -- and a second to adopt the 11 resolution. Question or discussion? 12 COMMISSIONER MOSER: So, this -- this is the intent 13 to move forward on that, and the details about who's in 14 charge for coordinating the different use of that facility, 15 that will be part of the agreement to be negotiated between 16 now and July? 17 COMMISSIONER LETZ: Right. Pretty much what it 18 says is we're going to look at Kerrville Little League as the 19 lead entity out there at the current facility, and we will 20 work to get a new agreement for the use of that facility for 21 the long-term or short term, whatever the case may be. And 22 if the Little League and the others go forward on a new 23 facility, we will donate the -- anything they want from the 24 current facility to that new facility. And that kind of, I 25 think, sums it up. Hopefully, it'll clear up the whole 2-11-13 89 1 issue. 2 COMMISSIONER BALDWIN: I, for one, hope that they 3 choose to stay. 4 COMMISSIONER MOSER: Yeah. 5 COMMISSIONER LETZ: Yeah. And I'll make a note 6 that I added here the expansion of that facility, and the 7 reason I put that in there is that, you know, I know -- and 8 Blake and I certainly talked about this. There is other 9 property out there the County has that we currently use as a 10 Road and Bridge yard, which that could be relocated. I mean, 11 we'd have to make some adjustments. And there's also -- 12 while it's not city or county property, but K.I.S.D. owns 13 property right there, and that could be, you know, certainly 14 some kind of an agreement possibly worked out with K.I.S.D., 15 'cause there's a lot of public property there, whether it's 16 all county or not. And that may be an option. It's up to -- 17 you know, we're -- you know, I turned it over to Little 18 League, and they're working on -- I know they talked to the 19 City. I've talked to Todd Parton, talked to Sandy Cailloux 20 about this a little bit, and I just want to make sure 21 everyone's on the same page and everyone has the same goal 22 and purpose, which is to help youth baseball and softball. 23 COMMISSIONER MOSER: Well, as I said at the last 24 Commissioners Court, that property just continues to look 25 better and better, and more activities, and I think this is a 2-11-13 90 1 good move in that direction to keep it moving. So, super. 2 JUDGE TINLEY: Any further question or discussion 3 on the motion? All in favor of the motion, signify by 4 raising your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: That motion does carry. Let's see 9 if we can get back kind of to where we were. Item 17; to 10 consider, discuss, take appropriate action regarding the 11 possible judicial redistricting to be presented to the 2013 12 Texas Legislature, resolution in support thereof to achieve 13 more timely and effective disposition of cases in Kerr 14 County. I had this on the agenda previously, but we passed 15 on it because I wanted to expand the -- the resolution to 16 include how the creation of a new court by the northern and 17 western counties of the current 198th would benefit the 18 crowded dockets of, to some degree, the 198th, and to a 19 greater degree, the 216th. And with Ms. Lavender's help -- I 20 appreciate that -- we've reworked that resolution that you 21 have before you which supports the creation of a new court, 22 because it has the effect of leaving the 198th where it only 23 has Kerr County, and it would also include the addition and 24 realignment of the 198th to place Bandera County in the 198th 25 with Kerr County, which gives the further relief then to the 2-11-13 91 1 216th, which is the overall plan, because of the crowded 2 docket conditions of the 216th. So, Bandera's on board with 3 this resolution. I've talked with Judge Evans, and they're 4 definitely on board with it. And so the -- the resolution 5 has been reworked and reworded to include the additional 6 language of how that's going to create a benefit to both the 7 198th and the 216th. 8 COMMISSIONER BALDWIN: But even before, and now 9 reworking the thing, both districts still come into Kerr 10 County. 11 JUDGE TINLEY: 216th and 198th, yes, they will 12 continue. 13 COMMISSIONER BALDWIN: That didn't change, of 14 course. That's our issue. That's the only issue we've ever 15 had. 16 JUDGE TINLEY: Well, what we would do is we 17 would -- instead of having those five northern and western 18 counties as part of the 198th where they are now, in lieu of 19 having those, we'd bring in Bandera. And from an economic 20 standpoint, it's pretty much a wash insofar as -- as support, 21 but there's some other benefits we derive by doing this. The 22 198th would be able to pick up some slack in some other areas 23 that would be economically advantageous to Kerr County. So, 24 I think at the end of the day, worst case scenario, it's a 25 wash from a budgetary standpoint. Actually, when you 2-11-13 92 1 consider all the other implications, I think we gain some 2 from a budgetary standpoint. So -- 3 COMMISSIONER BALDWIN: You've visited with Judge 4 Evans in Bandera? 5 JUDGE TINLEY: Yes, sir. 6 COMMISSIONER BALDWIN: What about the District 7 Judges? Are they on board? Surely they are. 8 JUDGE TINLEY: Yes. They've -- in fact, when -- 9 when I initially made the inquiry of the other counties that 10 were concerned about these issues, which included all the 11 counties of -- of the 198th and the 216th, I received some 12 encouragement from -- from our current District Judges to be 13 feeling their pulse on a more frequent basis to make sure we 14 continue to have something on board. This -- this, I think, 15 is a win-win situation all the way around. The only -- the 16 only down side is, it's going to be a fiscal note for those 17 five northern and western counties for the creation of that 18 court, but that's a state problem at this point. 19 COMMISSIONER MOSER: And all of the counties 20 affected concur with this, sort of endorse this? 21 JUDGE TINLEY: Kendall County, of course, would 22 like to have their own court, but this is going to give them 23 some relief. And to this point, I haven't seen where they 24 have -- they have proposed anything to come forward with a 25 new court of their own. They've got some issues down there, 2-11-13 93 1 but this would -- this would help them also. 2 COMMISSIONER BALDWIN: I move for approval. 3 COMMISSIONER LETZ: Second. 4 JUDGE TINLEY: We have a motion and second for 5 approval of the resolution. Question or discussion? All in 6 favor, signify by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: Motion carries. Let's go to Item 11 18; to consider, discuss, take appropriate action on 12 resolution to approve extension of the Kerr County Community 13 Plan. Ms. Lavender? Appreciate your work over the years on 14 the community plan. That's a -- 15 MS. LAVENDER: Well, the community plan process 16 predates me, when I first came to -- 17 COMMISSIONER BALDWIN: Impossible. 18 MS. LAVENDER: -- work. Yeah. Well, I haven't 19 been here that long. But anyway, the community plan is 20 something we do -- we were doing it on an annual basis, and 21 then the last time we did it, we did it on a two-year basis, 22 2010 through '12. And the community plan is an opportunity 23 to reflect back on the needs and the goals of different 24 things, but also have a basis for our grant writing in 25 criminal justice and victim's services and juvenile services 2-11-13 94 1 and some other areas. But what's happened this last fall, 2 they did not ever come back to us and say, "You need to do a 3 new plan." They said, "Your old plan will work." And so 4 that's what AACOG told us, and then when we went to the grant 5 hearing or the grant workshop, they said, "Well, you need 6 to -- you need to be sure that your Commissioners Courts are 7 on board with your community plan." So, what I'm asking you 8 to do is just approve the community plan that we've used the 9 last two years for another year, and I suspect that next year 10 we'll get to do another one from the beginning. 11 COMMISSIONER BALDWIN: Darn, I had a really neat 12 question. 13 JUDGE TINLEY: Do you want us to wait a while for 14 you to bring it up? 15 COMMISSIONER BALDWIN: Could be a couple of days. 16 JUDGE TINLEY: Okay. 17 COMMISSIONER BALDWIN: But it had to do with -- 18 there's always been kind of an argument in this town, I guess 19 all the time, about who the disaster person is. Is it the 20 Fire Chief, or is it the County Judge? 21 MS. LAVENDER: That doesn't have anything to do 22 with the community plan. 23 COMMISSIONER BALDWIN: It doesn't? Wow. 24 JUDGE TINLEY: Emergency management is what you're 25 speaking of. 2-11-13 95 1 COMMISSIONER BALDWIN: Yeah, management -- 2 emergency management. 3 JUDGE TINLEY: Emergency management for -- for Kerr 4 County, the Fire Chief is designated. When it comes to 5 matters which are within the city, that pulls in the mayor. 6 If it comes to matters which are outside the corporate limits 7 of the city, but within Kerr County, that's when I get pulled 8 into it. 9 COMMISSIONER BALDWIN: I'm sorry I asked the 10 question. I apologize. 11 JUDGE TINLEY: Just trying to give you an answer, 12 Commissioner. 13 COMMISSIONER BALDWIN: Thank you. 14 JUDGE TINLEY: You're seeking a resolution in 15 support of the extension of the community plan; is that 16 correct, Ms. Lavender? 17 MS. LAVENDER: That's correct. 18 JUDGE TINLEY: All right. 19 COMMISSIONER MOSER: So moved. 20 COMMISSIONER BALDWIN: Second. 21 JUDGE TINLEY: Motion made and seconded for 22 approval. Question or discussion? All in favor of the 23 motion, signify by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 2-11-13 96 1 (No response.) 2 JUDGE TINLEY: Motion carries. Let's go to Item 3 19; to consider, discuss, take appropriate action on 4 resolution to approve submission of grant application for the 5 veterans service officer from the Texas Veterans Commission 6 Fund for Veterans' Assistance. If the Court will recall, 7 we've had presentations from veterans' groups recently 8 wanting the Court to authorize the creation of a veterans 9 service officer here in Kerr County, and in furtherance of 10 that, we've been trying to find a funding mechanism by which 11 we can initiate that office. Ms. Lavender has -- has honed 12 the various grant availability, and the best one she's come 13 up with is through veterans -- Texas Veterans Commission, I 14 guess. And in order to proceed forward with the submission 15 of that grant application, of course, if it's going to be 16 made in the name of the County, there needs to be 17 authorization from the Court in order to proceed. You've got 18 a summary sheet in front of you as to what that grant 19 would -- would involve, and at this point, I'll roll it to 20 her. 21 MS. LAVENDER: I'll give you just a minute to look 22 through that. You'll remember last fall, representatives of 23 the different veterans organizations came before the Court 24 asking that we consider doing this, and their statement, "as 25 quickly as possible," and to look for possible grant funding 2-11-13 97 1 for it. I talked with the Texas Veterans Commission shortly 2 after that, and they said the grant window would open at this 3 time. It's open until the 28th of February, and so that's 4 the reason we're before you today on this, so that we can get 5 this grant submitted. Basically, it would be for about 6 70,000. If you want the particular number on it, I think 7 it's 69,720 is what I put together, and it would fund the 8 Veterans Service Officer for this county. It's a start-up 9 grant. It would provide office equipment and the necessary 10 amenities that go along with the position. It would be a 11 one-year deal, start July 1st. If we are successful with the 12 grant, that would mean that three months of this budget year 13 would be funded by the grant, and then nine months of the 14 following budget year, which would mean in your 2013-'14 15 fiscal year budget, you'd need to budget for those three 16 months that would be outside the grant period. And that's 17 basically what this resolution does, would be to give us 18 permission to submit this grant application. 19 COMMISSIONER BALDWIN: And after one year, what 20 happens? 21 MS. LAVENDER: It's a one-year grant. Then the 22 County would have to pick up the -- the cost. 23 COMMISSIONER MOSER: This just sort of primes the 24 pump. 25 MS. LAVENDER: Right. It's a startup grant, is all 2-11-13 98 1 it is. It's not a continuing grant like mine is. 2 COMMISSIONER MOSER: Mm-hmm. 3 MS. LAVENDER: But it's a no-match grant from the 4 County also. 5 JUDGE TINLEY: No match other than the -- 6 MS. LAVENDER: Right, office. 7 JUDGE TINLEY: -- the space. 8 MS. LAVENDER: Yeah, the space. 9 JUDGE TINLEY: And utilities and that sort of 10 thing. 11 MS. LAVENDER: Right. 12 COMMISSIONER LETZ: Is there a requirement about us 13 continuing at the same level? 14 MS. LAVENDER: One of the questions is -- is the 15 sustainability question about it, so yes, there is. We'll 16 have to -- they're not going to give us a grant for us to do 17 it for one year, and then get rid of the program, I'm sure. 18 COMMISSIONER LETZ: But is it possible to have the 19 sustainable portion maybe a -- at a lesser salary, or 20 part-time position? Do you know? 21 MS. LAVENDER: That would be up to the Court. 22 COMMISSIONER MOSER: So -- I think that's a good 23 question. We're not constrained to do it for full-time. 24 COMMISSIONER LETZ: At this level. 25 COMMISSIONER MOSER: I think that's a good 2-11-13 99 1 question, yeah. 2 MS. LAVENDER: I think it would always have to 3 depend on the availability of funds in the -- the general 4 revenue budget. 5 JUDGE TINLEY: And the demand. 6 MS. LAVENDER: And the demand, right. 7 COMMISSIONER MOSER: I remember when this came 8 before the Court, the issue -- I think the Judge made the 9 point that he didn't have the -- this was looking at 10 2013-'14. We didn't have the money this year, but this, in 11 fact, starts in July, so it would enable us to move forward 12 with it and takes us into next year. Then the next question 13 is, how do we proceed financially in the following years? 14 COMMISSIONER OEHLER: That would be in the next 15 budget cycle. 16 COMMISSIONER MOSER: Right, precisely. 17 COMMISSIONER LETZ: If -- and I'm being optimistic 18 that we get the grant. Do you have any idea if it will be 19 hard to fill that slot? 20 MS. LAVENDER: I think it will be, yeah. I don't 21 think you're going to have somebody in place the 1st of July, 22 because there's some real criteria -- 23 COMMISSIONER LETZ: Right. 24 MS. LAVENDER: -- for the job beyond just a normal 25 county job. One of the -- one of the criteria is that they 2-11-13 100 1 have to have military service, and they have to produce the 2 D.D. -- 3 JUDGE TINLEY: 214. 4 MS. LAVENDER: -- 214 document as a part of it. 5 There's three levels, if you'll notice there. The chances of 6 getting someone at the top level, I think, would be pretty 7 limited, but for budget purposes, we would have to ask for 8 that top level salary, because we don't know who's going to 9 apply. If you take the lowest salary, and then someone comes 10 along, is an outstanding candidate who is already accredited, 11 then you would have to make up the difference of the salary 12 out of the general fund. So, I would say in the grant, you 13 need to ask for the most, and then if you get someone, that 14 would be great. If you don't, then you'll not use all the 15 grant money, basically. 16 COMMISSIONER MOSER: Does the grant specify or 17 dictate that it has to be a full-time person, or can it be a 18 part-time -- 19 MS. LAVENDER: No. 20 COMMISSIONER LETZ: This is kind of the max amount, 21 so whatever it is. 22 COMMISSIONER MOSER: Okay. 23 MS. LAVENDER: That's the maximum, right. But I've 24 got to have some guidance about how much to ask for, and 25 that's where we went with this, was the full-time maximum. 2-11-13 101 1 COMMISSIONER LETZ: I think it will be -- we'll 2 have a number of applicants that are qualified locally. I've 3 had several individuals contact me, and I know you've had 4 some. 5 MS. LAVENDER: They say there's about 6,500 6 veterans that live in Kerr County. 7 COMMISSIONER OEHLER: And one of them, I believe, 8 is top level. Contacted me. 9 COMMISSIONER LETZ: These entry-level certified and 10 the accredited, that refers to the -- the level in the 11 Veterans Administration Department as to what records they 12 access? 13 MS. LAVENDER: Correct. 14 COMMISSIONER OEHLER: That's right. Now, I -- I 15 don't -- there's -- you know, this is something I think we 16 need to do. 17 JUDGE TINLEY: Yeah. I -- well, with the 18 percentage of veterans here in this county, even with our 19 dwindling V.A. facility programs, our -- our percentage of 20 veterans is way above the national average, and when they 21 came before us, they were shoulder to shoulder, and this was 22 something they think they desperately need in order to 23 facilitate their access to benefits and outreach programs and 24 support. And, you know, it's possible that there may be 25 additional grant funding the following year. This particular 2-11-13 102 1 grant is -- is perceived as a startup grant to initiate a 2 program, and, of course, they -- one of the -- one of the 3 inquiries is, is it going to be something that's sustained? 4 And this Court either needs to make that commitment, or maybe 5 consider not even moving for this grant, and then offer an 6 explanation to the veterans why we didn't. That may be the 7 more difficult part. 8 COMMISSIONER LETZ: I think it's great. And from 9 everything that we've heard in the previous presentations, I 10 mean, I know this is tax money we would be committing in 11 future years, but it'll pay for itself by the, basically, 12 additional financial support the veterans are able to get by 13 having someone knowledgeable to assist them. So, I'll make a 14 motion to approve the submission of the grant. 15 COMMISSIONER MOSER: I'll second. 16 JUDGE TINLEY: Motion made and seconded for 17 approval of the agenda item. Question or discussion? 18 COMMISSIONER BALDWIN: I'm definitely going to vote 19 for it; there's no question of that. But we've poo-foo'd off 20 the fact that there are two volunteers that come into 21 Kerrville to handle these things, plus one federal employee 22 that comes in, you know, that's assigned to these kind of 23 things that comes to Kerrville to help these folks. But we 24 just got to have full-time. I mean, we can't -- for some 25 reason, we never focused on that or paid any attention to it. 2-11-13 103 1 But it seems like to me, there would be other people, like 2 next year, when money falls on all county taxpayers, seems 3 like there would be other entities that would be willing to 4 participate in this thing a little bit. 5 COMMISSIONER LETZ: Well, I agree. Hopefully, 6 there are funding options for the future. 7 COMMISSIONER OEHLER: Maybe we could share it 8 with -- 9 COMMISSIONER BALDWIN: Yeah, sharing with another 10 county, like that lady from Fredericksburg, would be a neat 11 thing. 12 COMMISSIONER MOSER: If possible. 13 JUDGE TINLEY: Any other questions? All in favor 14 of the motion, 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. 19 MS. LAVENDER: Thank you. 20 JUDGE TINLEY: Item 20; consider, discuss, take 21 appropriate action to accept the 2012 Racial Profiling Report 22 for the Kerr County Sheriff's Office. It is what is it, 23 right? 24 SHERIFF HIERHOLZER: It is what it is, Judge. Just 25 a partial, but that's what's required. 2-11-13 104 1 COMMISSIONER LETZ: Move we accept -- 2 COMMISSIONER OEHLER: Second. 3 COMMISSIONER LETZ: -- the report. 4 JUDGE TINLEY: Motion made and seconded for 5 approval of the agenda item. Question or discussion? All in 6 favor, signify by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: Motion carries. Item 21; consider, 11 discuss, take appropriate action to renew the teen curfew for 12 Kerr County for an additional year. 13 COMMISSIONER BALDWIN: Good lord. 14 SHERIFF HIERHOLZER: I think if you'll -- the 15 backup shows what the order was that this Court passed years 16 ago. It did lapse this last year; we did not get it renewed. 17 It is not an ordinance, tool, whatever you want to call it, 18 that we use often, but it is -- or as far as writing very 19 many citations. It is something that does help us greatly 20 during the summer months of being able to contact parents 21 when their kids are out, approach the kids, and I just think 22 it's a benefit to law enforcement this community. It, like I 23 said, is not something we write more than a handful of 24 citations over, but it does assist us in fulfilling our 25 duties. 2-11-13 105 1 COMMISSIONER BALDWIN: I got a couple of questions, 2 Sheriff. 3 SHERIFF HIERHOLZER: Sure. 4 COMMISSIONER BALDWIN: Of course, I'm one of the 5 original guys to sign onto this thing many years ago, but I 6 was wondering, how many years ago? I know it's probably in 7 this backup, but I didn't read it. 8 SHERIFF HIERHOLZER: Well, and I haven't -- I know 9 it's been -- I'm just guessing, Buster. Probably about six 10 years, something like that. 11 COMMISSIONER LETZ: Six to eight. 12 SHERIFF HIERHOLZER: Six to eight years, somewhere 13 around there. 14 COMMISSIONER BALDWIN: Okay. And then do you have 15 any idea how many citations have been issued? 16 SHERIFF HIERHOLZER: Citations, total, probably not 17 more than 25. 18 COMMISSIONER BALDWIN: I mean, there -- that's a 19 citation-type thing. You don't drag them off, put them in 20 jail? 21 SHERIFF HIERHOLZER: It is -- yeah, correct. It's 22 a citation that you issue to the juvenile and the parents to 23 appear in court with him. Mainly what it is, is a tool. 24 When you have these young kids walking around at 2:00 or 25 3 o'clock in the morning, it gives you the ability to 2-11-13 106 1 approach them and find out why they're out, because there is 2 an ordinance against it, and for us to contact their parents 3 and let them know. 4 COMMISSIONER BALDWIN: Very good. Thank you. 5 COMMISSIONER MOSER: Rusty, so this is in existence 6 now, and this is to renew it? 7 SHERIFF HIERHOLZER: This lapsed this last year, 8 because we failed to get it renewed. Not that the Court 9 didn't take any action; that I didn't bring it back to the 10 Court. I didn't catch that. It lapsed. But it has been 11 being renewed every year prior to that. 12 COMMISSIONER MOSER: Okay. The reason I asked that 13 question is because in Section 3 of your backup, it says, you 14 know, as part of the review, within six months after the 15 initial enforcement, then you report the kind of thing 16 Buster's asking. 17 SHERIFF HIERHOLZER: Right. 18 COMMISSIONER MOSER: You know, number of crime 19 statistics impacts on this, people given citations. So, 20 that's the reason that wasn't submitted, 'cause it wasn't in 21 effect. 22 SHERIFF HIERHOLZER: And this thing has the ability 23 of sunset review, where it gets renewed each year, and so we 24 have no -- normally we bring those in, but it did lapse this 25 last year. 2-11-13 107 1 COMMISSIONER MOSER: Another question. Does the 2 City have such a curfew as this? 3 SHERIFF HIERHOLZER: No. 4 COMMISSIONER MOSER: Huh? 5 SHERIFF HIERHOLZER: No. 6 COMMISSIONER MOSER: So this will just be outside 7 the city? 8 SHERIFF HIERHOLZER: We'll chase all the kids in 9 the city. 10 COMMISSIONER BALDWIN: So, at midnight, they come 11 into town. (Laughter.) 12 COMMISSIONER MOSER: So, is -- so half the 13 population would have the curfew, and half the population 14 would not. Even though the areas -- 15 COMMISSIONER OEHLER: No, they all do. 16 JUDGE TINLEY: They all have it. 17 SHERIFF HIERHOLZER: All the population that -- 18 that comes out into the county. It's county -- 19 COMMISSIONER MOSER: So all -- for the entire 20 county. 21 SHERIFF HIERHOLZER: If they stay inside the city 22 limits, it doesn't affect them, okay? But if they come out 23 into the county, it does. 24 COMMISSIONER LETZ: It impacts -- 25 SHERIFF HIERHOLZER: It impacts all residents of 2-11-13 108 1 Kerr County. The area that this controls is the 2 unincorporated areas of Kerr County. 3 MR. HENNEKE: Which -- which, Rusty, if we update 4 this, would have to include Ingram. 5 SHERIFF HIERHOLZER: We never have. Ingram has 6 their own. 7 MR. HENNEKE: I know, but it has to exclude the 8 incorporated areas, municipalities, and I think the order 9 says Kerrville. But -- 10 SHERIFF HIERHOLZER: Right, we probably should 11 include Ingram, 'cause we do not enforce it inside the city 12 limits of Ingram. I think they had their own, last I knew. 13 And then we do not enforce it inside the city limits of 14 Kerrville. If a Kerrville youth, okay, is out in the county 15 at 2 o'clock in the morning, we will contact that person's 16 parents and let them know. 17 COMMISSIONER MOSER: So, is this a tool for you? 18 SHERIFF HIERHOLZER: Yes. 19 COMMISSIONER MOSER: Or is this something to use 20 when you need it, or something that your officers will pursue 21 when they see somebody? 22 SHERIFF HIERHOLZER: As I've stated, we've had it 23 at least six years. We probably haven't written more than 25 24 citations. It does give us the ability under the law to 25 approach these young men and women that are out in the county 2-11-13 109 1 past the curfew hours and investigate as to why they are 2 there. And if they are in violation of this, we have the 3 option of writing a citation or writing a warning to them and 4 letting their parents know. 5 COMMISSIONER MOSER: Do other surrounding 6 counties -- 7 SHERIFF HIERHOLZER: Yes, there's a number of 8 counties in the state that use this, okay. I couldn't tell 9 you exactly which ones. It's just something we use each 10 year, and have, and it's a very effective tool and does 11 definitely help us. 12 COMMISSIONER LETZ: It's a thing I have reluctantly 13 supported all along. I mean, I don't like the idea of the 14 curfew, but at the same time, this Sheriff has not, in my 15 mind, abused it at all, and uses it just on occasion. It's a 16 way for him to do just what he says. If he sees three or 17 four kids walking down Highway 27, he can say, "What are 18 y'all doing here?" And otherwise, I don't believe he has the 19 ability to do that. 20 SHERIFF HIERHOLZER: Well, and the thing is, it 21 does -- just to let you know, Mr. Moser -- or Commissioner 22 Moser, you know, defenses under this are that they are 23 accompanied by their parents or guardian, that they're on an 24 errand at the direction of their parent or guardian, that 25 they're in a motor vehicle involved in interstate travel, 2-11-13 110 1 that they're engaged in an employment activity, or going to 2 or returning home from an employment activity, that they're 3 involved in an emergency, that they're on a sidewalk abutting 4 the minor's residence or next-door neighbor, that they are 5 attending an activity sponsored by Kerr County, City of 6 Kerrville, City of Ingram, town of Hunt, or a school, as an 7 officially sponsored activity of a religious organization, 8 civic organization. There's a number of exemptions from 9 this -- 10 COMMISSIONER MOSER: Mm-hmm. 11 SHERIFF HIERHOLZER: -- that go into effect. 12 COMMISSIONER BALDWIN: One of those exemptions is 13 something to do with a vehicle. Can you -- if you see three 14 other four kids that look 14 driving down the street, can you 15 use that as a probable cause? 16 SHERIFF HIERHOLZER: If we see three or four kids 17 that look the age of 14, we don't have to use this as 18 probable cause. There may be other reasons that we're 19 conducting a traffic stop on that. But this would come into 20 play, and we would notify their parents about this, too. 21 COMMISSIONER BALDWIN: Could you stop them, 22 consider it probable cause? 23 SHERIFF HIERHOLZER: There's a lot -- if they look 24 14, they probably don't have a driver's license to begin 25 with. 2-11-13 111 1 COMMISSIONER BALDWIN: Okay, 15 and a half, 2 whatever. 3 SHERIFF HIERHOLZER: But yes, it's just an 4 effective tool this county's had. As I've said, it's not 5 used much, but it does give us a lot of assistance, and I 6 just ask that it be renewed. 7 COMMISSIONER BALDWIN: I move that we renew the 8 teen curfew of Kerr County for an additional year. 9 JUDGE TINLEY: I have a motion. Do I hear a 10 second? 11 COMMISSIONER LETZ: I'll second it. 12 JUDGE TINLEY: I have a motion and a second. 13 Question or discussion? All in favor of the motion, signify 14 by raising your right hand. 15 (The motion carries by unanimous vote, 3-0.) 16 JUDGE TINLEY: All opposed, same sign. 17 (No response.) 18 JUDGE TINLEY: Motion carried. 19 THE REPORTER: Mr. Moser, did you vote? 20 COMMISSIONER MOSER: No. 21 JUDGE TINLEY: He did not, no. Item 22; consider, 22 discuss, take appropriate action on request from Center Point 23 Helping Hands for payment of tipping fees reimbursement for 24 Center Point Helping Hands clean-up projects. Commissioner 25 Moser? 2-11-13 112 1 COMMISSIONER MOSER: I'm sorry, I was sleeping 2 here. The -- as we all know, there was a fire in Center 3 Point. The Helping Hands organization realized that this was 4 going to be a potential public nuisance and a safety hazard, 5 and in so doing, formed a group of people with contributions 6 locally to clean up that -- that hazard. They have asked the 7 Court if they could -- and I think they incurred almost 8 $2,100 in dumping fees to do this, so they're asking the 9 Court if they could contribute $500 toward those dumping fees 10 to offset their expense, which would just probably wipe out 11 the money that they have for cleaning up the area. The issue 12 is, in talking with Ray -- Ray's here -- with Ray, it would 13 have been a public nuisance and he would have had to take 14 action, but since they stepped in before that was issued, I 15 guess the question is, can we -- can we pay for this and 16 reimburse them for those dumping fees? So, the request is, 17 and my motion is that we -- that we reimburse the Helping 18 Hands $500 for dumping fees for cleaning up this public 19 nuisance in Center Point. 20 MR. HENNEKE: I've got a -- I visited with 21 Commissioner Moser on this. Tom, I sent you an e-mail. And 22 I don't necessarily think that the County can expend funds in 23 this manner. I sympathize with the folks who lost their 24 house, but it's -- and I don't believe they had insurance. 25 But it's one property. I mean, where we've done this in the 2-11-13 113 1 past, it's been with, like, the Partners in Ministry, C.S.I. 2 initiative, or I think Helping Hands had a community-wide 3 clean-up initiative that they did that I think the County 4 contributed towards some of the community dumping fees. But 5 if it was a nuisance abatement and we had to pursue it 6 civilly or criminally, then you can recover costs from the 7 landowner. What you have here is, you have a single private 8 property owner for whom the money would be donated towards in 9 a demolition project. I mean, it's tragic that their home 10 burned down, but I draw the distinction between the 11 community-wide clean-up efforts of, like, C.S.I., or those 12 kind of trash -- the U.G.R.A. cleaning up the river versus 13 something that would just pay $500 towards clean-up costs of 14 one property. I'm sure there's many other, you know, 15 projects out there that probably need to be cleaned up, but 16 we can't just use public money to benefit one property. 17 COMMISSIONER MOSER: I think -- I think that -- 18 it's been reported to me that the family had no insurance. 19 They were just on the verge of getting a house rebuilt where 20 they would have insurance, and without any insurance funds, 21 it was going to just sit there, because they didn't have -- 22 it was going to cost tens of thousands of dollars to get it 23 cleaned up. So, they took it upon themselves -- and I don't 24 -- Rob and I did talk about this, and I certainly understand 25 where he's coming from. I guess one thing in the future, 2-11-13 114 1 what we can do is just leave it sit there until there's a 2 complaint filed, and then -- then I guess we'd have the 3 authority then to do it. So, the question is, moving out in 4 advance of this thing, which is reported to have been a real 5 safety hazard, because when they were cleaning the project 6 up, several of the workers even fell through some of the -- 7 some of the structures there that had been burned. And so 8 this, they thought, was a -- a real safety hazard for 9 children in the area, too. So -- 10 MR. HENNEKE: But if we do -- Commissioner Moser, 11 if we do pursue that, or other properties under the public 12 abatement -- the nuisance abatement program that 13 Environmental Health operates, the County can pursue -- 14 COMMISSIONER MOSER: Sure. 15 MR. HENNEKE: -- reimbursement of those costs from 16 the property owner. So, I'm glad that the Center Point 17 community came together in helping their neighbor, but I 18 think it's different, because had they not, and had we had to 19 pursue this, the reason we'd be justified in doing so is 20 because we could then recoup our costs afterwards from the 21 property owner. 22 JUDGE TINLEY: I have a motion. Do I hear a 23 second? Lacking a second, motion dies. Let's move on to 24 Item 23; consider, discuss, take appropriate action to 25 approve engagement letter, master agreement with Gabriel 2-11-13 115 1 Roeder Smith and Company for GASB OPEB valuation shared 2 services and interlocal agreement with the North Central 3 Texas Council of Governments for actuarial services in 4 compliance with GASB 43 and 45 to establish the liability for 5 other post-employment health care benefits, contract period 6 being from February 11th, 2013, through September 30, 2014, 7 to perform the actuarial services for 2013 and '14. Cost for 8 two-year period, $5,725, which is $5,000 less than the 9 original contract in '08. Original contract included 10 designing and setting up the plan and implementation 11 procedures for future years. Ms. Hargis? 12 MS. HARGIS: This -- 13 JUDGE TINLEY: Let me first make a request to you. 14 MS. HARGIS: Make it smaller? Okay, I'll do it. 15 JUDGE TINLEY: Please make your agenda items 16 shorter. 17 MS. HARGIS: I've already been chastised. All 18 right, I'm sorry. 19 COMMISSIONER MOSER: One more request. What is 20 GASB, and what is OPEB? 21 MS. HARGIS: GASB is the Governmental Accounting 22 Standards Board. And OPEB is the -- considered the 23 post-benefit that we give to employees. 24 COMMISSIONER MOSER: Okay. Another request is, 25 always spell out acronyms. 2-11-13 116 1 COMMISSIONER BALDWIN: No kidding. 2 MS. HARGIS: Very few people use it, because it's 3 such a term that everybody uses, they don't even say it any 4 more. 5 COMMISSIONER MOSER: No, everybody doesn't use it. 6 MS. HARGIS: Well, it's been there a while. But 7 it's for post-benefit employee benefits. We don't -- the -- 8 we have reduced those over the last few years to where we 9 don't have very many of those by closing the gap. This is 10 really the only thing we offer, is insurance if you have 11 completed eight years. If you -- if you're over 65, you have 12 the opportunity to purchase health care as a supplement with 13 your Medicare at $250, which covers our -- not all the costs, 14 but most of the cost. So, we have to make up the difference 15 in whatever the cost is, and that's all we offer, is 16 post-employment benefits. And because we closed that gap, we 17 have been able to reduce our liability. Some counties are 18 actually funding this through bond issues and other things to 19 have enough money to show on their liability of how they're 20 going to pay for their retirees. So, this particular firm 21 had a contract with the North Texas -- North Central Texas 22 Governments. They had to renegotiate this contract, and in 23 so doing, we're having to reapprove the contract -- 24 interlocal agreement, as well as the contract. And as you 25 can see, it's about a $5,000 savings over the next two years. 2-11-13 117 1 And basically, we have to have it for our audit. It's part 2 of the notes to our audit. Unfortunately, it becomes an 3 actuarial audit, as well as an external audit. This is part 4 of the notes. And this may get more extensive if they pass 5 the retirement, which is GASB 63, which is out there right 6 now. If they pass that, we're going to have to show the 7 actual retirement liability that we're now doing through 8 T.C.D.R.S. That will actually have to be on our balance 9 sheet. 10 JUDGE TINLEY: That liability, of course, would be 11 T.C.D.R.S.'s, would it not? 12 MS. HARGIS: Not according to GASB 63. They want 13 it on the entity's balance sheet, even though -- I know 14 there's been -- there's been a big argument, but the draft 15 has been approved and it's out there, and I believe it's 16 supposed to go into effect -- there's still some dispute 17 going on amongst the group, but it's supposed to go in 18 effect, I think, in 2015. So it's huge, because every -- the 19 state and all the local entities will have to show what they 20 have in these group retirement plans. Right now, what we 21 have is a note. If you'll look in your financials, your 22 audit, there's a note in the end that talks about our pension 23 plan. Instead of that being a note, you will actually have 24 to put those dollars on your balance sheet. 25 JUDGE TINLEY: As a contingent liability? 2-11-13 118 1 MS. HARGIS: Mm-hmm. And they feel very firmly 2 about that, because companies have to do that. You know, 3 private -- and we're moving more and more private, 4 unfortunately. 5 JUDGE TINLEY: From an accounting standpoint. 6 MS. HARGIS: From an accounting standpoint. The 7 professors don't have anything else to do but write this 8 stuff, so here we're at. 9 COMMISSIONER LETZ: So, this is a fee that we have 10 to pay for an actuarial service because we provide some 11 portion of health care benefits for some retirees? 12 MS. HARGIS: Yes. We do offer some post-retirement 13 benefits, yes. 14 COMMISSIONER OEHLER: And it has to be reported on 15 an annual audit. 16 MS. HARGIS: Because we have to look out 20 years, 17 which we usually look out 20 years to see what that cost is 18 going to be to us. It's like looking in a, you know, looking 19 glass. So -- 20 JUDGE TINLEY: Notwithstanding the fact that most 21 Medicare supplement policies have a premium of less than what 22 it costs to purchase this coverage by a retiree. 23 MS. HARGIS: But some of them are still taking it, 24 so we have to account for that. 25 JUDGE TINLEY: Yeah. 2-11-13 119 1 MS. HARGIS: But our liability went down from the 2 original million, three, to only 350,000 this last year, so, 3 I think, you know, we have it at a manageable level that we 4 could come up with if we had to. 5 JUDGE TINLEY: We're in a whole lot better shape 6 than a whole lot of governmental entities are. 7 MS. HARGIS: Well, some of them do offer their 8 retirees free health insurance. 9 JUDGE TINLEY: What I'm talking about is 10 actuarially computed, some of their liability is horrendous. 11 MS. HARGIS: Especially if it's firefighting. 12 Firefighting and police department is where they do a lot of 13 this. 14 COMMISSIONER LETZ: And so if we quit offering this 15 benefit, which isn't used that much, we can just get rid of 16 this in the future? 17 MS. HARGIS: That's correct. I've been moving that 18 way. 19 COMMISSIONER BALDWIN: Let's don't get silly here. 20 COMMISSIONER LETZ: Keep on moving that way. 21 JUDGE TINLEY: But as to those that have already 22 vested and part of the program, you'd have to continue with 23 those. In fact, we have already eliminated some retirees 24 below age 65 from being able to take that coverage. That was 25 a major step that we took. 2-11-13 120 1 COMMISSIONER LETZ: I remember. I move approval. 2 COMMISSIONER OEHLER: Second. 3 JUDGE TINLEY: Motion made and seconded for 4 approval. Question or discussion? 5 COMMISSIONER BALDWIN: I've got a question. What 6 is it we're approving? It says here approving engagement 7 letter and master agreement. Does that include $5,725? 8 Or -- 9 MS. HARGIS: Yes, sir. 10 COMMISSIONER BALDWIN: -- just an agreement? 11 MS. HARGIS: The engagement letter calls for the 12 fee. 13 COMMISSIONER BALDWIN: I see. Now, is this a 14 budgeted item? 15 MS. HARGIS: Yes, sir, it is. 16 COMMISSIONER BALDWIN: And at the end of a two-year 17 period, will we do this again? 18 MS. HARGIS: There will be a renewal, yes, sir. 19 COMMISSIONER BALDWIN: This never ends. Do you 20 think V.A. would help us pay for this a little bit? Anyway, 21 I'm -- 22 MS. HARGIS: We have two years to consider all 23 those post-employment benefits you give. 24 JUDGE TINLEY: Further question or discussion? 25 COMMISSIONER BALDWIN: Well, what are -- is that 2-11-13 121 1 the ability for me to buy into my insurance as I leave? 2 MS. HARGIS: Mm-hmm. 3 COMMISSIONER BALDWIN: That's all, folks? Lord 4 have mercy. Okay. 5 JUDGE TINLEY: Any other questions? All in favor 6 of the motion, signify by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: Motion carries. Item 24; consider, 11 discuss, take appropriate action to rescind County Order 12 Number 32222, Vehicle Accident Reporting, replace with new 13 policy 8.08, Vehicle Accident Reporting, to be incorporated 14 into the current policy book. Essentially, you're just -- no 15 change in substance; you're just moving it over under the 16 policy? 17 MS. LANTZ: Yes, sir, and we are changing the 18 authority from the Auditor's office to go to the Treasurer's 19 office. The Treasurer did take the responsibility to file 20 the reports with TAC, so that's basically the change in the 21 policy. 22 JUDGE TINLEY: That's the physical loss portion? 23 Or are we talking about bodily injury also? 24 MS. LANTZ: No, physical loss only. Human 25 Resources will continue to do the worker's comp. 2-11-13 122 1 JUDGE TINLEY: Okay. 2 COMMISSIONER LETZ: Move approval. 3 COMMISSIONER OEHLER: Second. 4 JUDGE TINLEY: Motion made and seconded for 5 approval. Question or discussion? 6 COMMISSIONER MOSER: Question -- go ahead. I'm 7 still looking for my reference here. 8 COMMISSIONER BALDWIN: Okay. I think Item 7 -- 9 now, first of all, I'm looking at, I think, a new document 10 that we're fixing to adopt here. And then this last page, is 11 that an old -- is that the old set of -- 12 MS. LANTZ: That is the actual first document that 13 was approved July 11th of 2011. 14 COMMISSIONER BALDWIN: To Number 7 is added the 15 words, "if the vehicle's drivable"? 16 MS. LANTZ: Yes, sir. 17 COMMISSIONER BALDWIN: So, there is a change. I 18 found it. Thank you. 19 MS. LANTZ: I'm sorry. 20 JUDGE TINLEY: Got you. 21 COMMISSIONER LETZ: Also go from three quotes to 22 two quotes. 23 COMMISSIONER BALDWIN: Yeah. Very good job. 24 COMMISSIONER MOSER: My question is, this policy 25 starts with, "All Kerr County employees who operate a 2-11-13 123 1 County-owned vehicle shall be responsible for verifying that 2 the vehicle has automobile physical damage, automobile 3 liability loss report, and current insurance card." So, 4 that's -- that's something that, realistically, how many 5 employees do that? 6 MS. LANTZ: Well, it should be in the glove box of 7 the vehicle that they're driving. 8 COMMISSIONER MOSER: Okay. So before you drive 9 one, make sure that that is in the glove box? 10 MS. LANTZ: Yes. 11 MS. HARGIS: We give those out every year. We get 12 a new stack of cards, and they're required to put it in. 13 COMMISSIONER MOSER: Okay. Okay. 14 JUDGE TINLEY: Other questions or comments? All in 15 favor, signify by raising your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: Motion carried. Item 25; 20 acknowledge receipt of quarterly investment report from 21 Patterson and Associates for the quarter ending 12-31-2012. 22 MS. SOLDAN: You should all have a copy of the 23 financial report from Patterson and Associates. 24 JUDGE TINLEY: Mm-hmm. 25 COMMISSIONER BALDWIN: Judge, I acknowledge that 2-11-13 124 1 I've received mine. 2 COMMISSIONER LETZ: What -- I probably shouldn't 3 ask this. 4 JUDGE TINLEY: Don't. 5 COMMISSIONER LETZ: Yeah, I won't. (Laughter.) 6 Time for lunch. 7 JUDGE TINLEY: Yeah. 8 COMMISSIONER LETZ: I won't ask it. 9 JUDGE TINLEY: Okay, let me see. What do we need 10 here? 11 COMMISSIONER LETZ: Acknowledge receipt. 12 JUDGE TINLEY: Yeah, why don't we have a motion to 13 acknowledge receipt? 14 COMMISSIONER LETZ: So moved. 15 COMMISSIONER BALDWIN: I thought I did that. 16 JUDGE TINLEY: Oh. 17 COMMISSIONER MOSER: Second. 18 COMMISSIONER LETZ: You acknowledged it. You 19 didn't say that we acknowledged it. 20 COMMISSIONER BALDWIN: Well, I can't speak for you 21 guys all the time. 22 JUDGE TINLEY: Motion made and seconded. Question 23 or discussion? 24 COMMISSIONER OEHLER: That's good. 25 JUDGE TINLEY: All in favor, raise your right hand. 2-11-13 125 1 (The motion carried by unanimous vote.) 2 JUDGE TINLEY: All opposed, same sign. 3 (No response.) 4 JUDGE TINLEY: Motion carried. Okay. Here comes 5 the next one involving money. Item 26; consider, discuss, 6 take appropriate action to approve the purchase of a new safe 7 for the County Treasurer's office. 8 MS. SOLDAN: I submitted with my request a picture 9 from a catalog of the safe that I'm requesting. It's 10 approximately the same size as the safe that I currently 11 have. It's $2,100, with some additional freight and possible 12 cost for bolting it to the floor. We're talking a maximum of 13 $2,375. 14 JUDGE TINLEY: And your reason for requesting a new 15 safe, as opposed to utilizing your old safe is? 16 MS. SOLDAN: Some safety issues that I have with 17 the current safe, and just having my office be more secure. 18 JUDGE TINLEY: Is a new safe needed there, Sheriff? 19 SHERIFF HIERHOLZER: Well, you know, the safe she's 20 got is about the size of this podium, and you're not going to 21 move it. It is on wheels; it can be moved. They've moved it 22 from the old Treasurer's office. I wouldn't want to have to 23 move it. But one of her concerns, being that close to the 24 back door and that, if we did have a break-in, of course, it 25 would be caught on camera and things like that, but it could 2-11-13 126 1 still be moved because of the wheels. And then in talking to 2 Tracy -- and I'm not a safe expert, and I didn't have anybody 3 design it. The current safe does have a steel bar that goes 4 up through the top, out through the sides, down through the 5 bottom. But with the type of tumbler I was advised is on it 6 from the safe deal, it would not be hard at all to bypass. 7 That would be about the extent. So, other than that, it's 8 just up to her preference. I understand she will be housing 9 more things in there. And maybe, since the Auditor had 10 mentioned it earlier in her report with, like, J.P. 4, I 11 don't know if one of our outlying areas could use a better 12 safe, or what kind of safes they have, but there's nothing 13 wrong with the current safe. It's just that what she keeps 14 in there, she wants to upgrade it. And that safe is probably 15 50 years old -- I don't know, but it's an old safe that's in 16 there. 17 COMMISSIONER LETZ: I think it's important that we 18 keep our -- keep money secure. 19 JUDGE TINLEY: Mm-hmm. 20 COMMISSIONER LETZ: I think -- and, you know, I 21 think it's important to get it, obviously, deposited as 22 quickly as we can. I visited with the Treasurer a little bit 23 about this, and I think she's, you know, working with other 24 departments, and actually, she'll be handle more of the 25 money, which I think is a good thing, rather than having 2-11-13 127 1 multiple bank runs and all that other stuff. But there still 2 will be times when we have funds in the courthouse, and I 3 think we need to have a secure place to keep those funds. I 4 think -- and I think the cost is not -- you know, I forgot 5 what you told me, $24,000? 6 MS. SOLDAN: 2,375. 7 COMMISSIONER LETZ: My question was, is it a -- do 8 you have money in your budget, or -- 9 MS. SOLDAN: I don't have money in my budget, but I 10 have spoken with the Auditor, and she told me that she could 11 help find that money for a budget adjustment. 12 COMMISSIONER MOSER: I move that we accept the 13 recommendation to purchase the new safe. 14 COMMISSIONER BALDWIN: I second that emotion. 15 JUDGE TINLEY: Motion made and seconded. 16 MS. SOLDAN: Thank you. 17 JUDGE TINLEY: You're talking about with the 2,100 18 plus the cost of -- 19 COMMISSIONER MOSER: Right. 20 JUDGE TINLEY: -- freight and bolt-down? 21 COMMISSIONER MOSER: Correct. 22 COMMISSIONER BALDWIN: 2,375 is the number. 23 COMMISSIONER OEHLER: 2,375 max. 24 COMMISSIONER MOSER: Right. 25 JUDGE TINLEY: Okay. Question or discussion? 2-11-13 128 1 COMMISSIONER BALDWIN: Well, I just hope that we 2 seek out another office that could use the old safe. I mean, 3 what are we going to do? 4 COMMISSIONER LETZ: Definitely don't want to -- 5 COMMISSIONER BALDWIN: Plant flowers in it or 6 something? 7 JUDGE TINLEY: Precinct 1 Commissioner might want 8 it. 9 COMMISSIONER BALDWIN: I could use that son of a 10 gun, boy, I'll tell you. But I'm not. 11 JUDGE TINLEY: Okay. 12 COMMISSIONER BALDWIN: Too busy. 13 JUDGE TINLEY: Sheriff's Office, I think, has the 14 capability of removing -- of moving it since it's on wheels, 15 as he mentioned. 16 SHERIFF HIERHOLZER: I wouldn't bet on that. That 17 thing's not light. 18 JUDGE TINLEY: Further question or discussion on 19 the motion? All in favor of the motion, signify by raising 20 your right hand. 21 (The motion carried by unanimous vote.) 22 JUDGE TINLEY: All opposed, same sign. 23 (No response.) 24 JUDGE TINLEY: Motion does carry. Let's go to 25 Section 4 right now, payment of the bills. 2-11-13 129 1 COMMISSIONER LETZ: Judge, I move we pay the bills. 2 JUDGE TINLEY: Good plan. 3 COMMISSIONER OEHLER: Second. 4 JUDGE TINLEY: Motion made and seconded to pay the 5 bills. Question or discussion on the motion? All in favor 6 of the motion, signify by raising your right hand. 7 (The motion carried by unanimous vote.) 8 JUDGE TINLEY: All opposed, same sign. 9 (No response.) 10 JUDGE TINLEY: Motion carries. 11 COMMISSIONER BALDWIN: Judge, did you -- you ran 12 through them a little bit too quick for me. I do have a 13 question. It's just -- I'm sure it's a -- you know, it's 14 going to be easy to explain. On Page 1, down at the bottom, 15 the nondepartmental. 16 COMMISSIONER MOSER: Page 1, okay. 17 COMMISSIONER BALDWIN: Yeah. Grimes transports 18 bodies to Austin or San Antonio; I can't remember where we 19 take -- 20 MS. HARGIS: It's a different -- I can't remember 21 the city -- Lockhart, I believe. 22 COMMISSIONER BALDWIN: Lockhart. And these numbers 23 are different. So, two of them are the 700, and one of 24 them's the 750. 25 JUDGE TINLEY: I can explain that. 2-11-13 130 1 COMMISSIONER BALDWIN: Well, that would be great. 2 JUDGE TINLEY: The transport is at 350, so when 3 you're going and coming, why, that's -- or actually two 4 different transports, I suppose. The 750 is the allowable 5 amount for a pauper cremation. 6 COMMISSIONER BALDWIN: Thank you. 7 JUDGE TINLEY: Any other questions? Okay. You 8 don't have any budget amendments, do you? 9 MS. HARGIS: No, sir, I don't. 10 JUDGE TINLEY: We got a late bill, I think. Just 11 the one? 12 MS. HARGIS: Yes. 13 JUDGE TINLEY: To Tetra Tech. 14 MS. HARGIS: Yes. This is our grant. We waited on 15 our grant funds to come in from Texas Water Development 16 Board. They are here, and so we're wanting to issue the 17 check, because it's 120 days past-due. 18 JUDGE TINLEY: And it's all due? 19 MS. HARGIS: It's all due, yes. 20 JUDGE TINLEY: Okay. $143,000 worth? 21 MS. HARGIS: Yes. 22 COMMISSIONER LETZ: So moved. 23 JUDGE TINLEY: Okay. 24 COMMISSIONER BALDWIN: Second. 25 JUDGE TINLEY: Motion made and seconded for 2-11-13 131 1 approval of the late bill to Tetra Tech, $143,500. Questions 2 or discussion? 3 COMMISSIONER BALDWIN: Is that Kerrville South? 4 COMMISSIONER MOSER: Yeah. 5 COMMISSIONER BALDWIN: Or Center Point? 6 COMMISSIONER LETZ: Center Point. 7 COMMISSIONER BALDWIN: Center Point? 8 JUDGE TINLEY: East Kerr. 9 COMMISSIONER MOSER: Yeah. 10 JUDGE TINLEY: Any other questions or discussion? 11 All in favor, signify by raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: All opposed, same sign. 14 (No response.) 15 JUDGE TINLEY: Motion does carry. I have been 16 presented with monthly reports. Kerr County Payroll; 17 Constable, Precinct 1; County Clerk; Constable, Precinct 4; 18 Justice of the Peace, Precinct 2; District Clerk; Justice of 19 the Peace, Precinct 3; Justice of the Peace, Precinct 1; 20 Environmental Health Department; Justice of the Peace, 21 Precinct 4; and Road and Bridge for September, October, and 22 December 2012. Do I hear a motion that the indicated reports 23 be approved as presented? 24 COMMISSIONER BALDWIN: So moved. 25 COMMISSIONER OEHLER: Second. 2-11-13 132 1 JUDGE TINLEY: Motion made and seconded that the 2 indicated reports be approved as presented. Question or 3 discussion? All in favor, signify by raising your right 4 hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: Motion does carry. Let's move to 9 reports from Commissioners in connection with their liaison 10 or other assignments. Commissioner Baldwin? 11 COMMISSIONER BALDWIN: Nothing at this time, Judge. 12 JUDGE TINLEY: Mr. Moser? 13 COMMISSIONER MOSER: Nothing. 14 JUDGE TINLEY: Commissioner Letz? 15 COMMISSIONER LETZ: Nothing. 16 JUDGE TINLEY: Commissioner Oehler? 17 COMMISSIONER OEHLER: Nothing. 18 JUDGE TINLEY: Reports from elected officials or 19 department heads? 20 MS. PIEPER: All is well in the clerk's office. 21 JUDGE TINLEY: Okay. 22 MS. LANTZ: Risk management from TAC came by last 23 week, and Kerr County will be receiving an award for safety. 24 JUDGE TINLEY: When we get that, we will display it 25 proudly. 2-11-13 133 1 MS. LANTZ: That's right. 2 JUDGE TINLEY: Sheriff? Treasurer? 3 MS. SOLDAN: No. 4 JUDGE TINLEY: Ms. Lavender? Ms. Burlew? 5 MS. BURLEW: No, sir. 6 JUDGE TINLEY: Ms. Hargis? 7 MS. HARGIS: I don't think anybody's bringing it 8 up, but I think some of you -- and I may quote the House Bill 9 wrong, but 887. T.C.D.R.S. is requesting to change the 10 interest rate on the retirement from 7 percent to 5 percent 11 effective January 1, 2014. I don't know where any of you 12 stand on that, but I think we need to, you know, be aware of 13 that. That's not a state request; that's a T.C.D.R.S. 14 request. So, T.C.D.R.S., because it's under the umbrella of 15 the State of Texas, in order to make those kind of changes, 16 must go back for legislative approval. So this does affect 17 our retirement system, so I would just ask that you all keep 18 up with that. And if you're for it or against it, you may 19 want to -- 20 JUDGE TINLEY: Reducing that could have a 21 significant effect on the actuarial value of -- 22 MS. HARGIS: That's correct. 23 JUDGE TINLEY: -- of the retirement benefit. 24 MS. HARGIS: Yes. It will turn over at a lot 25 slower rate, so that people will have a lot less in their 2-11-13 134 1 accounts, especially those that are younger. So, it's 2 something to think about. 3 COMMISSIONER LETZ: Could you -- I guess we 4 can't -- can you explain it a little more? I mean, how that 5 actually works? 'Cause right now, is it guaranteed at 7 6 percent? 7 MS. HARGIS: It's guaranteed at 7 percent right 8 now, and I believe under the current retirement benefit laws, 9 they annually pay out that 7 percent, and then lock it in. 10 And then at the point -- which is why so many of us have more 11 money in our retirement plans than we would have if we were 12 just matching, because it's a higher rate of interest. 13 However, I think they're having a difficult time obtaining 14 that rate from the paper that they're trying to invest, and 15 coming under scrutiny for that. So, as you know, there's 16 also some legislation out there to do away with retirement 17 systems altogether in the governmental arena, because 18 supposedly we all get too many benefits from retirement. So, 19 there's two things on the table, and this probably would help 20 them have a more solid basis to the state. However, it is 21 going to affect a lot of people, so it's something to watch. 22 I'm not an expert on it, but I know my association is -- is 23 watching it as well. So, just for your knowledge. 24 JUDGE TINLEY: Thank you. County Attorney? 25 MR. HENNEKE: I probably visited with all of you 2-11-13 135 1 gentlemen. Stan Reid came by last week, who most of y'all 2 know used to work here in the County Attorney's office. But 3 he's the new County Relations office for TAC. Had a great 4 visit with him on my input on TAC, and I know he's meeting 5 with as many folks as he can set up meetings for. But he's 6 moved from I.T. to being the County Relations office -- 7 officer, and that's a great contact for us as far as any kind 8 of, you know, needs or input through TAC. 9 JUDGE TINLEY: Anything else? 10 COMMISSIONER BALDWIN: I was going to ask, is that 11 the one she was referring to? Is that the one that you -- 12 you sent something. 13 MS. PIEPER: Yes, sir, that's the e-mail that she 14 was referring to that I sent out. 15 COMMISSIONER BALDWIN: Okay, thanks. 16 JUDGE TINLEY: Okay. Any other department heads 17 have anything to offer? We will be in recess until 2:45 this 18 afternoon. I would remind everybody that we have a workshop 19 beginning at 1:30, actually involving two different items. 20 One is the Open Meetings and Open Records. The other item is 21 dealing with improvements to and plans for our facilities, 22 including the Youth Event Center. So, we'll be in recess as 23 indicated. 24 (Recess taken from 12:11 p.m. to 2:45 p.m.) 25 - - - - - - - - - - 2-11-13 136 1 JUDGE TINLEY: I will call to order a special 2 Commissioners Court meeting posted and scheduled for this 3 date and time, Monday, February 11th, 2013, at 2:45 p.m. It 4 is that time now. The agenda item that is listed is to 5 consider and discuss personnel matter with the Environmental 6 Health Director. And in connection with that, I will also 7 reconvene the Commissioners Court meeting which was convened 8 earlier this morning and was in recess, so we're back in 9 session on that also. The agenda item for the special 10 Commissioners Court agenda called for executive session. 11 Also, the items -- remaining items on the agenda which was 12 begun this morning called for executive session items under 13 various provisions; Section 551.074, 551.071, 551.0725, and 14 the executive session item for the special meeting being 15 551.074. So, at this time we will go out of public or open 16 session -- 17 MR. HENNEKE: Judge, on the Agenda Item 1.31, the 18 section of the Open Meetings Act requires that if we're going 19 into executive session on that, the Court has to, by 20 unanimous vote, vote to agree that deliberation in open 21 session will have a detrimental affect on the position of the 22 Commissioners Court in negotiations with a third person, and 23 in addition to that, the -- the statute requires that the -- 24 the attorney advising the Court agree in writing. So, I do 25 agree in writing, and I'm submitting that to the Court with 2-11-13 137 1 my opinion, but it still requires a unanimous vote before 2 that exception can be used. 3 JUDGE TINLEY: And that -- 4 COMMISSIONER MOSER: 1.31? 5 MR. HENNEKE: Yes, sir. The exception for 6 discussion of -- of contracts requires the Court to 7 unanimously vote that deliberation would have a detrimental 8 effect on a position of the Court in negotiating with a third 9 party. 10 JUDGE TINLEY: With respect to -- before going out 11 of open session, with respect to Item 1.31, and which 12 executive session is proposed pursuant to Section 551.0725, 13 the statute requires that the Court unanimously determine 14 that deliberation of that matter in an open meeting would 15 have a detrimental affect on the position of the 16 Commissioners Court in negotiations with any third person as 17 to that agenda item. Do I hear a motion that -- that that 18 determination be made by the Court? 19 COMMISSIONER LETZ: I don't know what we're 20 discussing -- 21 COMMISSIONER MOSER: I don't either. 22 COMMISSIONER LETZ: -- in executive session, so I 23 can't make a motion. I mean, I don't -- 24 COMMISSIONER MOSER: I don't know what to -- 25 JUDGE TINLEY: Well, that's why it's in executive 2-11-13 138 1 session. 2 MR. HENNEKE: The agenda item -- 3 JUDGE TINLEY: Under the medical -- medical 4 services. 5 MR. HENNEKE: The negotiation of the interlocal 6 fire and EMS with the City of Kerrville is what's noticed 7 for -- 8 COMMISSIONER BALDWIN: Do you -- I mean, can we -- 9 I mean, that's really not an agenda item. Or is it? Looking 10 at this 31, is that an agenda item? 11 JUDGE TINLEY: Yes. 12 COMMISSIONER BALDWIN: To be able for me to make a 13 motion for us to go into executive session? 14 JUDGE TINLEY: In order for us to determine that in 15 executive, there must be a unanimous determination by the 16 Court on this particular item that deliberation of that item 17 in an open meeting would have a detrimental effect on the 18 position of this Court in negotiations with a third person as 19 to that agenda item. 20 COMMISSIONER BALDWIN: Absolutely. Absolutely. 21 JUDGE TINLEY: That's your motion? 22 COMMISSIONER BALDWIN: That's my motion. 23 JUDGE TINLEY: All right. Do I hear a second? 24 COMMISSIONER BALDWIN: Come on, somebody. 25 COMMISSIONER LETZ: Second, I guess. 2-11-13 139 1 JUDGE TINLEY: And we have a second. 2 COMMISSIONER OEHLER: Not sure. If we don't do 3 this, I guess we don't talk about it. 4 JUDGE TINLEY: That's exactly right. That's the 5 discussion. 6 COMMISSIONER OEHLER: Not sure I know enough about 7 this to talk about it. 8 JUDGE TINLEY: That's why it's in executive 9 session. 10 COMMISSIONER MOSER: But you have to know enough to 11 vote. 12 JUDGE TINLEY: Any further question or discussion 13 on the motion? All in favor of the motion, signify by 14 raising your right hand. 15 COMMISSIONER OEHLER: I don't know -- okay. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: Chair concurs also. 18 COMMISSIONER OEHLER: That's the craziest thing 19 I've ever heard of. I guess I'll know more later. 20 JUDGE TINLEY: That's a requirement of the statute. 21 So, it is 2:50, and we will now go out of open or public 22 session for the purpose of going into closed or executive 23 session to discuss the items previously enumerated. 24 (The open session was closed at 2:50 p.m., and an executive session was held, the transcript of which 25 is contained in a separate document.) - - - - - - - - - - 2-11-13 140 1 JUDGE TINLEY: I -- I will bring us back into open 2 or public session. It is 3:47, and now I'm going to 3 reconvene the workshop. 4 (The Commissioners Court workshop was reconvened at 3:47 p.m., the transcript of which is contained in 5 a separate document, and the regular Commissioners Court meetings were reconvened at 4:30 p.m.) 6 - - - - - - - - - - 7 MR. HENNEKE: Judge, are you going to recall 1.15? 8 JUDGE TINLEY: What, now? 9 MR. HENNEKE: 1.15, the RFP for the annex? 10 JUDGE TINLEY: Only if he's ready for us to do 11 that. 12 MR. LEWIS: For the D.A.? 13 JUDGE TINLEY: 198th. 14 MR. LEWIS: Yes, I am ready. 15 JUDGE TINLEY: Okay. Yeah, I can do that. 16 COMMISSIONER BALDWIN: Fantastic. This is 17 exciting. I'm 100 percent in on this one. 18 (Discussion off the record.) 19 JUDGE TINLEY: Okay. Let us reconvene both the 20 special Commissioners Court agenda that was originally posted 21 for 2:45, and the original Commissioners Court agenda that 22 was -- we began at 9 a.m. this morning. Initially, I will 23 recall Item 15; to, consider, discuss, and take appropriate 24 action to open bids and award contract for 198th District 25 Attorney office at the Kerr County Sheriff's Annex. The bids 2-11-13 141 1 are were opened earlier and referred to architect for review 2 and recommendation. Where are we? 3 MR. LEWIS: We have -- I received the hard copies 4 of those bids, reviewed them gone through the checklist that 5 we normally do to make sure that the bids are compliant 6 and -- and responsive. And as you know, there was a pretty 7 good spread in the numbers, and at this point I really can't 8 explain what that is. I think that the -- I have some sense 9 of what -- what a little bit of the difference is, but not 10 $36,000. But it really doesn't matter. There was one 11 irregularity. Kendnel Kasper Construction did not 12 acknowledge Addendum Number 2 on their bid form. I talked to 13 them, asked them to consider whether Addendum 2 -- they did 14 -- they did receive it, but they did not -- did not 15 acknowledge it on the bid format. I asked them to consider 16 whether that would affect their bid. I have a letter from 17 them that I don't have a hard copy of with me, but I have a 18 letter that says they acknowledge Number 2; it will not 19 affect their bid. I'm confident that the other bidder will 20 not take exception to that, principally because of the large 21 spread. If the bids were closer, we might have to have a 22 little further discussion. But with the Court's indulgence, 23 I would recommend Kendnel Kasper Construction for $116,100, 24 and a 42-day construction period to be accepted as the bidder 25 on this project and the general contractor. They also did 2-11-13 142 1 the original building and are very familiar with the 2 infrastructure. I think it will be easier for them than 3 anybody else to prosecute this work. 4 COMMISSIONER MOSER: Where are they located? 5 MR. LEWIS: Their principal office is in 6 Fredericksburg, but -- but Dite Steinruck and John 7 Soderberg -- Dite's a principal in the company. He lives 8 here over on Jackson Road, and his son-in-law John lives here 9 as well. Kendnel lives in Fredericksburg. So -- 10 JUDGE TINLEY: As you indicated, they did the 11 original -- 12 MR. LEWIS: They did the original. 13 JUDGE TINLEY: -- original building. 14 MR. LEWIS: Well, and I'll say that the budget that 15 we had published for this was 113,500, and so they're within 16 2,600 of that. So -- and I -- you know, as to whether the 17 funds are available or not, I'm not the -- I'm not the person 18 to ask. But it -- this low bid was within the range that we 19 would have expected. 152 was -- 20 COMMISSIONER LETZ: A little high. 21 JUDGE TINLEY: I think you answered the question. 22 You said within the range that we expected. Is that based 23 upon your -- your thoughts and estimate of the finish-out 24 cost, that you don't -- you don't think both numbers are out 25 of the park and we need to rebid the project? 2-11-13 143 1 MR. LEWIS: Do not. And I would say, just on a 2 square foot basis, it -- it might seem a little 3 extraordinary, but there's a lot going on in 1,700 square 4 feet there. We've got plumbing, we got a bunch of walls, a 5 bunch of doors. But it addresses the needs of the -- of the 6 D.A.'s office, and could be used in future by any other user 7 if -- if it fails to meet the needs of the District Attorney 8 sometime in the future. I think it's very functional, 9 flexible space. 10 COMMISSIONER OEHLER: Does he have that kind of 11 money? 12 JUDGE TINLEY: Well, that -- 13 COMMISSIONER BALDWIN: Now's the time to ask that 14 question. 15 JUDGE TINLEY: Yeah, sure is. 16 MR. HENNEKE: Well, could I -- I would suggest you 17 try to think ahead on this, on if we need to do, like, a 18 three-party agreement or something. If the Court intends to, 19 you know, make the award, maybe that would be subject to the 20 transfer of funds from the 198th over in the total amount. 21 If it comes in under, we could refund that money back. But I 22 think that's the simplest way. And I understand that the 23 oversight committee hasn't met yet, but we could do -- we 24 could do that once we get all of the money, then officially 25 make the award and start the clock. 2-11-13 144 1 COMMISSIONER LETZ: Can we award it today, and 2 subject to receiving funds? Is that what -- 3 MR. HENNEKE: Yeah -- yes, sir. 4 COMMISSIONER LETZ: I'll make a motion we award the 5 contract to Kendnel Kasper for 116 thousand, -- 6 MR. LEWIS: 100. 7 COMMISSIONER LETZ: -- 100 dollars, contingent on 8 receiving the funds from the 198th District Court. 9 COMMISSIONER MOSER: Second it. 10 JUDGE TINLEY: Motion made and seconded as 11 indicated. Question or discussion? 12 COMMISSIONER LETZ: District Attorney, sorry. 13 Thank you. 14 JUDGE TINLEY: All in favor of the motion, signify 15 by raising your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: Motion does carry. Thank you, sir. 20 MR. LEWIS: Thank you. 21 JUDGE TINLEY: Okay. Does any member of the Court 22 have any motion that they wish to offer with regard to any of 23 the matters discussed in executive session? 24 COMMISSIONER BALDWIN: I do not. 25 COMMISSIONER MOSER: No. 2-11-13 145 1 JUDGE TINLEY: Okay, I guess not. 2 COMMISSIONER LETZ: Wait, wait, wait. Hold on. 3 JUDGE TINLEY: Okay, wait a minute. 4 COMMISSIONER BALDWIN: Well, the man asked you a 5 question. 6 COMMISSIONER LETZ: I'm trying to find out the -- 7 COMMISSIONER MOSER: Trying to find the answer. 8 COMMISSIONER LETZ: You weren't expecting us to 9 make a motion on 31? 10 JUDGE TINLEY: If you want to make a motion, just 11 do so. 12 COMMISSIONER LETZ: Well, I wasn't really in the 13 driver's seat on that one, so I was -- 14 COMMISSIONER BALDWIN: I'm not going to make a 15 motion on it. There's no reason. I don't have a reason to. 16 Loud and clear what I think. 17 COMMISSIONER LETZ: It will be back later? Or -- 18 COMMISSIONER BALDWIN: Far as I'm concerned, it's 19 over with. 20 COMMISSIONER LETZ: I'll make a motion that we -- 21 COMMISSIONER BALDWIN: Oh, 31, I'm sorry. 22 COMMISSIONER OEHLER: I was going to say -- 23 COMMISSIONER BALDWIN: I'm with you now. 24 COMMISSIONER OEHLER: Did you get lost? 25 COMMISSIONER BALDWIN: Yeah, I did. I did. I'm 2-11-13 146 1 sorry. 2 COMMISSIONER LETZ: Boy, I wasn't expecting that. 3 COMMISSIONER BALDWIN: I apologize. 4 COMMISSIONER LETZ: But I'll still make -- I'll 5 make a motion to -- I forget how we word this -- to authorize 6 the County Judge to send a letter to the City of Kerrville 7 requesting they evaluate a 10-year EMS/fire contract on the 8 same dollar figure as under the current contract, subject to 9 a built-in escalator on the -- 10 JUDGE TINLEY: Annual CPI. 11 COMMISSIONER LETZ: -- annual CPI during that 12 period. 13 COMMISSIONER BALDWIN: And -- 14 JUDGE TINLEY: As a firm offer? Or as a -- 15 COMMISSIONER LETZ: As a firm offer. 16 JUDGE TINLEY: Okay. 17 COMMISSIONER BALDWIN: And we expect a return 18 answer -- 19 COMMISSIONER LETZ: And this offer will be on the 20 table for 45 days. 21 COMMISSIONER BALDWIN: 45 days. Very good. 22 JUDGE TINLEY: Okay. 23 COMMISSIONER BALDWIN: Do you want to actually say 24 45 days, or have an actual date? 25 COMMISSIONER MOSER: How about 45 days from the 2-11-13 147 1 date of the letter? 2 COMMISSIONER BALDWIN: If I were receiving the 3 letter, I'd want to see an actual date, I think. 4 COMMISSIONER MOSER: Say 45 days from today. 5 COMMISSIONER BALDWIN: Okay, that's fine. 6 COMMISSIONER MOSER: Same thing. 7 JUDGE TINLEY: We'll send it return receipt, from 8 date of receipt. 9 COMMISSIONER BALDWIN: Thank you. 10 JUDGE TINLEY: Okay, I have a motion. Do I hear a 11 second? 12 COMMISSIONER OEHLER: Yes, I'll second it, being as 13 Buster's being quiet. 14 COMMISSIONER BALDWIN: I'll second. 15 JUDGE TINLEY: We have a motion and a second. 16 COMMISSIONER BALDWIN: I meant to. 17 JUDGE TINLEY: Question or discussion on that 18 motion? All in favor of the motion, signify by raising your 19 right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: That motion does carry. Any other 24 member of the Court -- any member of the Court have anything 25 else to offer in the way of a motion as to matters considered 2-11-13 148 1 in executive session? 2 COMMISSIONER BALDWIN: I don't know. Let me think. 3 I'm kidding. 4 JUDGE TINLEY: Okay. 5 COMMISSIONER MOSER: That was dangerous. 6 JUDGE TINLEY: We've got one more item on the 7 agenda. Let's go to Item 28; to consider, discuss, and take 8 appropriate action to appoint interim management of Animal 9 Control to the Kerr County Sheriff. Commissioner Oehler? 10 COMMISSIONER OEHLER: I actually think I'm not 11 going to make a motion on this. I think we'll look into it a 12 little further, and I will be doing that, and bring back 13 something. Y'all can do whatever for the next Commissioners 14 Court. 15 JUDGE TINLEY: Okay. 16 COMMISSIONER OEHLER: Anybody can do whatever they 17 want. 18 JUDGE TINLEY: So you have nothing that you wish to 19 offer? 20 COMMISSIONER OEHLER: I have nothing to offer, no. 21 JUDGE TINLEY: Any other member of the Court have 22 anything to offer on that matter at this time? 23 COMMISSIONER BALDWIN: I do not. 24 COMMISSIONER MOSER: No. 25 JUDGE TINLEY: Okay. Anything else to come before 2-11-13 149 1 the Court in connection with either of the two agendas that 2 are before the Court at this time? Hearing nothing, we are 3 adjourned. 4 (Commissioners Court adjourned at 4:44 p.m.) 5 - - - - - - - - - - 6 7 STATE OF TEXAS | 8 COUNTY OF KERR | 9 The above and foregoing is a true and complete 10 transcription of my stenotype notes taken in my capacity as 11 official reporter for the Commissioners Court of Kerr County, 12 Texas, at the time and place heretofore set forth. 13 DATED at Kerrville, Texas, this 14th day of February, 14 2013. 15 16 JANNETT PIEPER, Kerr County Clerk 17 BY: _________________________________ Kathy Banik, Deputy County Clerk 18 Certified Shorthand Reporter 19 20 21 22 23 24 25 2-11-13