1 2 3 4 5 6 7 8 KERR COUNTY COMMISSIONERS COURT 9 Special Session 10 Monday, February 25, 2013 11 9:00 a.m. 12 Commissioners' Courtroom 13 Kerr County Courthouse 14 Kerrville, Texas 15 16 17 18 19 20 21 22 23 PRESENT: PAT TINLEY, Kerr County Judge H. A. "BUSTER" BALDWIN, Commissioner Pct. 1 24 TOM MOSER, Commissioner Pct. 2 JONATHAN LETZ, Commissioner Pct. 3 25 BRUCE OEHLER, Commissioner Pct. 4 2 1 I N D E X February 25, 2013 2 PAGE --- Commissioners' Comments 5 3 1.1 Consider/discuss, take appropriate action to 4 open & award the bid for water truck 7, 17 5 1.2 Consider/discuss, take appropriate action regarding proclamation to declare Kerr County 6 as a Purple Heart county 9 7 1.4 Consider/discuss, take appropriate action to approve going out to bid for OSSF mitigation 8 and installation of approved Round 3 applicant for OSSF Grant 710065 15 9 1.5 Consider/discuss, take appropriate action to go 10 out for annual bids for road base, cold mix, aggregate, emulsion oil, & corrugated metal pipe 17 11 1.3 Consider/discuss, take appropriate action to 12 declare surplus 3 trucks, 1 horse trailer, 2 large hog traps, and old box cages off one 13 truck in Animal Control Department 19 14 1.10 Consider/discuss, take appropriate action regarding Butt-Holdsworth Library operating funds 29 15 1.12 Consider/discuss, take appropriate action on 16 request from Kerr County Roller Derby to use show barn for practicing and possible event 47 17 1.6 Consider/discuss, take appropriate action to 18 appoint deputy constables pursuant to Texas Local Government Code 86.011 59 19 1.8 Consider/discuss, take appropriate action on 20 resolution opposing passage of HB 958, which proposes to reduce interest crediting rate on 21 all TCDRS funds from 7% to 5% 61 22 1.7 Consider/discuss, take appropriate action regarding security lighting on outside of the 23 buildings at Hill Country Youth Event Center 62 24 1.9 Consider/discuss, take appropriate action on final payment to Journeyman Construction for 25 show barn at Hill Country Youth Event Center 67 3 1 I N D E X (Continued) February 25, 2013 2 PAGE 3 1.11 Consider/discuss, take appropriate action to approve/authorize execution of professional 4 engineering services agreement with Tetra Tech in connection with Phase 5 of Kerrville South 5 Wastewater Project 68 6 1.13 Consider/discuss, take appropriate action to approve agreement with Kerrville Area Chamber 7 of Commerce for use of Flat Rock Lake Park for Easter Fest event 74 8 1.16 Consider/discuss, take appropriate action to 9 authorize execution of engagement letter with law firm of Denton, Navarro, Rocha & Bernal 79 10 1.14 Consider/discuss, take appropriate action on 11 sealcoat for Event Center parking lots 81 12 1.15 Consider/discuss, take appropriate action on resolution declaring March as Red Cross Month 13 and request from the Red Cross to fly their flag at the courthouse 89 14 4.1 Pay Bills 93 15 4.2 Budget Amendments -- 4.3 Late Bills 93 16 4.4 Approve and Accept Monthly Reports 95 17 5.1 Reports from Commissioners/Liaison Committee Assignments 96 18 5.2 Reports from Elected Officials/Department Heads 103 19 --- Adjourned 105 20 21 22 23 24 25 4 1 On Monday, February 25, 2013, at 9:00 a.m., a special 2 meeting of the Kerr County Commissioners Court was held in 3 the Commissioners' Courtroom, Kerr County Courthouse, 4 Kerrville, Texas, and the following proceedings were had in 5 open court: 6 P R O C E E D I N G S 7 JUDGE TINLEY: 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 25th, 2013, at 9 a.m. It is 11 that time now. Commissioner Baldwin? 12 COMMISSIONER BALDWIN: Yes, sir. If you'll rise, I 13 have a special guest in here this morning to say the prayer, 14 the honorable David Billeiter. David? 15 (Prayer and pledge of allegiance.) 16 COMMISSIONER BALDWIN: Thank you. 17 JUDGE TINLEY: Be seated, please. 18 COMMISSIONER BALDWIN: When I spoke to Judge 19 Billeiter about doing the prayer, he says, "Sure." He said, 20 "I need the practice, and you guys need the prayer." 21 (Laughter.) 22 JUDGE TINLEY: I don't know about the first part, 23 but the second part's definitely true. 24 COMMISSIONER BALDWIN: True. 25 JUDGE TINLEY: At this time, if there's any member 2-25-13 5 1 of the public or audience that wishes to be heard on any 2 matter which is not a listed agenda item, this is your 3 opportunity to come forward and tell us what's on your mind. 4 If you wish to be heard on an agenda item, we would ask that 5 you fill out a participation form. There should be some 6 located at the rear of the room. If, for some reason, there 7 are no forms available, or if you just didn't fill one out 8 and we get to an agenda item you want to be heard on, get my 9 attention in some manner and I'll give you that opportunity. 10 But right now, if there's any member of the public or 11 audience that wishes to be heard on a matter which is not a 12 listed agenda item, this is your opportunity to come forward 13 and give us your name and address, tell us what's on your 14 mind. Well, seeing no one coming forward, we'll move on. 15 Commissioner Baldwin, do you got anything for us this 16 morning? 17 COMMISSIONER BALDWIN: Judge, I appreciate your 18 offer, but I'm going to pass, 'cause we have a pretty 19 good-sized meeting, looks like, and let's get through it. 20 Thank you, though. 21 JUDGE TINLEY: Commissioner Moser? 22 COMMISSIONER MOSER: There's a lot happening at the 23 airport, but I'm going to save that till later in the agenda. 24 But I would like to mention one thing. On the Center Point 25 wastewater project, Commissioner Letz and myself have been 2-25-13 6 1 working on that; Bill Williams started it a number of years 2 ago. One of the big hurdles to get over was the right of 3 entry. We have all of the right of entries. We got one 4 that's kind of flailing around, but that'll happen, okay. 5 But there's a big thank you to a lot of people in Center 6 Point that went knocking on doors and got that done. 7 Jannett -- we had one person we couldn't find. Jannett said, 8 "I think her son lives here," so I went to see her son, and 9 guess who opened the door? The property owner. So, we've 10 got that accomplished, so mission accomplished on that. 11 Project's moving forward. That's it. 12 JUDGE TINLEY: That's it? Okay. Commissioner 13 Letz? 14 COMMISSIONER LETZ: Just one thing. I was in 15 Austin last week for a -- I had two things I was there for, 16 Texas Wildlife Association, and also I was in school trying 17 to get educated a little bit on county business. So, spent 18 some time down at the capitol visiting with some legislators. 19 Should be an interesting session coming up. I think water's 20 going to be a big topic, as everyone's aware. But everyone I 21 talked to in the Legislature was very committed to working on 22 that and trying to figure out how to fund it. And I think 23 that in many ways, that's important to Kerr County, because 24 we certainly have some water needs and some projects we've 25 been working on, and hopefully they'll find funding down the 2-25-13 7 1 road. Anyway, that's it. 2 JUDGE TINLEY: Commissioner Oehler? 3 COMMISSIONER OEHLER: Not at this time, thank you. 4 JUDGE TINLEY: Okay. Well, let's go ahead and work 5 on this heavy agenda we got here, Buster, okay? 6 COMMISSIONER BALDWIN: Yes, sir. 7 JUDGE TINLEY: Okay. First item is a 9 o'clock 8 timed item, to consider, discuss, take appropriate action to 9 open and award the bid for one water truck for Precincts 1, 10 2, 3, and 4. Mr. Odom? 11 MR. ODOM: Yes, sir, I'm back here. 12 JUDGE TINLEY: Let's see what we got here for you, 13 okay? 14 MR. ODOM: Okay. 15 JUDGE TINLEY: The first bid is from Longhorn 16 International. 17 MR. ODOM: In Austin, Texas. 18 JUDGE TINLEY: That's correct. 19 MR. ODOM: I figured most people -- 20 COMMISSIONER MOSER: Thought they'd stand up when 21 we said "Longhorn"? 22 MR. ODOM: It's not my favorite place, I'll put it 23 that way. 24 COMMISSIONER OEHLER: It's just not the right 25 color. 2-25-13 8 1 MR. ODOM: Just not the right color. 2 JUDGE TINLEY: It appears that we're dealing with 3 chassis only, it looks like. Correct? 4 MR. ODOM: Yes, sir, cab and chassis. 5 JUDGE TINLEY: $27,944. Is that it? 6 COMMISSIONER OEHLER: That's it. 7 JUDGE TINLEY: One time only? That's all you got, 8 Jon? 9 COMMISSIONER OEHLER: Is that what you want to do? 10 MR. ODOM: That's what I want to do. 11 COMMISSIONER OEHLER: That's going to be your 12 recommendation? 13 MR. ODOM: That's going to be my recommendation. 14 JUDGE TINLEY: The representation is we meet all 15 chassis bid requirements with no exceptions. You may want to 16 take a quick look at this. 17 MR. ODOM: Yes, sir. 18 JUDGE TINLEY: And, now, don't run off with it, 19 'cause the clerk's going to get mad at us -- 20 MR. ODOM: I'll just go outside. 21 JUDGE TINLEY: -- if we get loose with it and she 22 doesn't get a hold of it for her permanent records. 23 MR. ODOM: This -- 24 JUDGE TINLEY: We can come back to that item, if 25 you like. 2-25-13 9 1 MR. ODOM: Yes, sir, I think I have another one 2 here after some other presentations. 3 JUDGE TINLEY: Okay. Let's go to our 9:05 timed 4 item, Item Number 2; to consider, discuss, and take 5 appropriate action regarding a proclamation to declare Kerr 6 County as a Purple Heart county. Commissioner Moser? 7 COMMISSIONER MOSER: Thank you very much, Judge. 8 Bill Bacon, who I think most people in this room know, 9 mentioned -- or suggested the idea some time ago that Kerr 10 County could be a first in the state -- it's a first in the 11 state in a lot of things, but this is another opportunity to 12 be a first in the state to be a -- a Purple Heart county. 13 And -- and that has a lot of ramifications with it, and it's 14 primarily a recognition of the people who served and the 15 people who were wounded in action to form this organization, 16 and for the County to so recognize. I have prepared a bill, 17 and I prepared a proclamation here. I'll read that in a 18 moment, but we'll let Bill say something about the objective 19 of this. 20 MR. BACON: Good morning, Judge Tinley, 21 Commissioners, and county staff. I appreciate your hearing 22 me this morning concerning naming Kerr County a Purple Heart 23 county. My name is Bill Bacon, and I live in Center Point. 24 I wear a Purple Heart medal. In July of 1970, I was severely 25 wounded in close combat by regular soldiers of the North 2-25-13 10 1 Vietnamese army. I currently serve in the Military Order of 2 the Purple Heart as Region 5 commander, responsible for seven 3 states. I serve as the Department of Texas Chief of Staff 4 and Adjutant for Heart of the Hills Chapter 814 here in 5 Kerrville. I also have the honor of serving as vice 6 president of the Hill Country Veterans Council, and am a 7 proud volunteer, with over 500 hours in the last three years, 8 at the Kerrville V.A. Hospital. 9 Briefly, the Purple Heart originated in 1782 at 10 Newburgh, New York, when General George Washington introduced 11 the Badge of Military Merit. The next spring, three 12 sergeants of the Connecticut Militia were awarded a badge by 13 the general. The award and its history were lost after the 14 revolution, but in 1932, the Purple Heart medal as we know it 15 today was created by General Douglas MacArthur, and was 16 introduced at Mt. Vernon on February 22nd, General 17 Washington's homestead and birthday. Originally a War 18 Department medal, it was made available to the Department of 19 the Navy in 1942 to recognize all of those sailors and 20 marines killed at Pearl Harbor, the Philippines, Wake, 21 Midway, and other early battles of World War II. Since its 22 introduction, it is estimated that some seven million 23 American fighting men and women have earned the award. 24 What is the Purple Heart? I will quote. The 25 Purple Heart medal is awarded to American military personnel 2-25-13 11 1 who have been wounded or injured by an instrument of war in 2 the hands of the enemy, and posthumously to the next of kin 3 of those who were killed in action or died from their wounds. 4 It is primarily an American military award, but can be earned 5 by foreign nationals fighting with American forces, thus 6 Filipinos and others were eligible for the award. We have 7 learned, however, that not only front-line infantry are 8 wounded and killed by our enemies. 9/11 was a good example. 9 Every military member, regardless of the branch of service or 10 occupational specialty, is liable for this award. Thus, it 11 represents all veterans and active duty personnel. It is 12 also one of the most easily recognized and highest regarded 13 awards presented to a military person. It is one medal won 14 by few, but earned by many. Many in this room this morning 15 wear a Purple Heart, and many others easily could have. Some 16 just ducked a little bit faster than we did. 17 I am here to ask you to declare Kerr County a 18 Purple Heart county. I'm sure you're asking why, and first 19 you will be sending a signal to the over 5,000 veterans and 20 their families that you recognize and appreciate the 21 sacrifices they made while in uniform, regardless if they 22 were wounded or not. Secondly, you send a signal to the 23 state and country that Kerr County is a veterans' county. 24 The cost, nothing except a small space on the wall where we 25 might put up a local plaque dedicating the county and 2-25-13 12 1 commemorating the proclamation. If possible, we would also 2 like to place small signs on select highways declaring Kerr 3 County as a Purple Heart county; underneath the signs as you 4 go down 87, for example, where it says Kerr County. And what 5 we're trying to do there is to let travelers know of your 6 consideration, and veterans passing through know they are 7 welcome here. If you elect to proclaim Kerr County a Purple 8 Heart county, you will be the first in Texas, although Denton 9 and Galveston Counties are close behind us. I certainly 10 appreciate your time this morning, and would like to 11 personally thank Tom Moser for all of his help on this 12 project. Y'all have any questions of me? 13 JUDGE TINLEY: Any questions for Mr. Bacon? Thank 14 you, sir. I notice we do have a number of veterans in the 15 room from various veterans organizations that I've had the 16 pleasure of working with on various matters. We got a few -- 17 few balls in play right now, as a matter of fact. And -- 18 MR. BACON: Graham Bishop -- or Jim Burton. We got 19 Charlie Cade. Both received a Purple Heart. Thank you. 20 JUDGE TINLEY: Thank you. You have a motion you 21 wish to offer? 22 COMMISSIONER MOSER: Yes, I do. I would like to 23 make a motion that we declare Kerr County a Purple Heart 24 county, and I'd like to read the proclamation, if I may. 25 JUDGE TINLEY: Okay. 2-25-13 13 1 COMMISSIONER MOSER: "Kerr County, a Purple Heart 2 county. Whereas, the people of Kerr County have great 3 admiration and the utmost gratitude for all the men and women 4 who have selflessly served their country and this country and 5 the armed forces; and whereas, veterans have paid the high 6 price of freedom by leaving their families and communities 7 and placing themselves in harm's way for the good of all; and 8 whereas, the contributions and sacrifices of the men and 9 women from Kerr County who served in the armed forces have 10 been vital in maintaining the freedoms and the way of life 11 enjoyed by our citizens; and whereas, many men and women in 12 uniform have given their lives while serving in the armed 13 forces; and whereas, many citizens of our community have 14 earned the Purple Heart medal as a result of being wounded 15 while engaged in combat with an enemy force, construed as a 16 singularly meritorious act of essential service; and whereas, 17 February 25th, 2013, has been officially designated as the 18 day in Kerr County to remember and recognize veterans who are 19 recipients of the Purple Heart medal. Now, therefore, be it 20 resolved that Kerr County Commissioners Court hereby 21 proclaims Kerr County as a Purple Heart county, the first 22 county in Texas so designated, honoring the service and 23 sacrifies of our nation's men and women in uniform wounded or 24 killed by the enemy while serving to protect the freedoms 25 enjoyed by all Americans." 2-25-13 14 1 JUDGE TINLEY: You move adoption of the resolution? 2 COMMISSIONER MOSER: Yes, I do. 3 COMMISSIONER BALDWIN: Second. 4 JUDGE TINLEY: Motion made and seconded for 5 adoption of the proclamation. Any question or discussion? 6 COMMISSIONER LETZ: I just have a question, and I 7 don't know -- either to Tom or to Mr. Bacon. Where did the 8 idea come from? I think it's -- I mean, it's fantastic. I 9 was just wondering -- you mentioned Kerr County would be the 10 first, but two other counties are looking at this? 11 MR. BACON: I'll try and be brief. It started in 12 Washington at Mt. Vernon when there was a project to connect 13 all state capitols through the Eisenhower interstate highway 14 system, and we -- we started the Purple Heart Trail. I-35 is 15 a Purple Heart Trail. So is I-40 through the panhandle, I-37 16 down to Highway 77, and then down Highway 100 to South Padre 17 Island are all Purple Heart Trails. And, unfortunately, the 18 guys in California became the first Purple Heart state. So, 19 from there it was just expanded to recognize our veterans on 20 a regular basis. 21 COMMISSIONER MOSER: Bill, you might mention how 22 many Purple Heart counties there are in the nation. 23 MR. BACON: Well, there's two states, California 24 and Ohio. There's -- I believe there's 19 counties so far, 25 around that, but it's growing rapidly in every state. 2-25-13 15 1 JUDGE TINLEY: Questions? 2 COMMISSIONER BALDWIN: This is fantastic. I just 3 am hurt that California beat us at something. (Laughter.) 4 MR. BACON: We still have more Purple Heart members 5 in Texas than they do in California. 6 COMMISSIONER BALDWIN: We can do this again next 7 meeting and be the first to do that. 8 COMMISSIONER MOSER: Can't become a state -- I 9 guess that takes the state Legislature to do that. Do we 10 know anybody there? 11 COMMISSIONER BALDWIN: I don't. 12 COMMISSIONER MOSER: Okay. 13 JUDGE TINLEY: Any other questions or comments? 14 All in favor of the motion, signify by raising your right 15 hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: That motion does carry. Thank you, 20 gentlemen. We appreciate you being here. 21 MR. BACON: Thank you. 22 JUDGE TINLEY: Giving us the opportunity to 23 designate Kerr County as the first Purple Heart county in the 24 state of Texas. Okay, let's go to Item Number 4, which is a 25 9:10 timed item -- it's a bit past that -- to consider, 2-25-13 16 1 discuss, take appropriate action to approve going out to bid 2 for O.S.S.F. mitigation and installation of approved Round 3 3 applicant for O.S.S.F. Grant Number 710065. Good morning. 4 MS. SHIRLEY: Good morning to you guys. 5 COMMISSIONER OEHLER: Good morning. 6 MS. SHIRLEY: Sorry, gentlemen. 7 COMMISSIONER MOSER: That's okay. 8 MS. SHIRLEY: This morning we have another 9 applicant that's met all the criteria to receive an 10 installation of a septic tank under the grant moneys for 11 710065 grant. At this time, we are in the next process for a 12 bid to have this installed. 13 JUDGE TINLEY: You're requesting approval of the 14 agenda item to go out for bids on that -- 15 MS. SHIRLEY: Please. 16 JUDGE TINLEY: -- particular installation? 17 MS. SHIRLEY: Yes, ma'am -- yes, sir, we are 18 seeking approval. 19 COMMISSIONER OEHLER: So moved. 20 COMMISSIONER LETZ: Second. 21 JUDGE TINLEY: Motion made and seconded for 22 approval of the agenda item. Question or discussion? All in 23 favor, signify by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 2-25-13 17 1 (No response.) 2 JUDGE TINLEY: Motion does carry. 3 MS. SHIRLEY: Thank you, guys. 4 JUDGE TINLEY: Let's go to our 9:15 timed item; 5 consider, discuss, take appropriate action to go out for 6 annual bids for road base, cold mix, aggregate, emulsion oil, 7 and corrugated metal pipe. Mr. Odom? 8 MR. ODOM: Yes, sir. Thank you, Judge. We're 9 asking the Court to give us authorization to go out for these 10 annual bids. Once we put out the bids, we will come back to 11 the Court to open the bids on March 25th, 2013, at 10 a.m., 12 and also award the bids in court at that time. 13 COMMISSIONER BALDWIN: Move for approval. 14 COMMISSIONER OEHLER: Second. 15 JUDGE TINLEY: Motion made and seconded for 16 approval of the agenda item. Question or discussion? All in 17 favor, signify by raising your right hand. 18 (The motion carried by unanimous vote.) 19 JUDGE TINLEY: All opposed, same sign. 20 (No response.) 21 JUDGE TINLEY: The motion does carry. Let me 22 recall Item 1; to consider, discuss, take appropriate action 23 to open and award the bid for one water truck utilized in 24 Precincts 1, 2, 3, and 4. Mr. Odom, have you had an 25 opportunity to review and evaluate the bid received? 2-25-13 18 1 MR. ODOM: Yes, sir. It met our criteria that we 2 want, and it meets compatibility with other vehicles that we 3 have for parts and service on them, and it's within our 4 budget that I have appropriated for that, and I make a 5 recommendation to the Court that we award the bid to 6 International -- Longhorn International in Austin for this 7 truck. 8 COMMISSIONER BALDWIN: So moved for approval. And 9 hopefully it would be a burnt orange truck. (Laughter.) 10 COMMISSIONER LETZ: Second. 11 JUDGE TINLEY: Motion made and seconded. 12 MR. ODOM: That is a long wish -- 13 JUDGE TINLEY: I wouldn't hold my breath on the 14 burnt orange, Commissioner Baldwin, but -- 15 COMMISSIONER OEHLER: I think that costs more. Has 16 to be white. 17 JUDGE TINLEY: It would maybe put it over budget. 18 COMMISSIONER BALDWIN: That was a joke. 19 MR. ODOM: But it would -- yes. And my heart -- I 20 don't want to go back to San Antonio for palpations. 21 JUDGE TINLEY: Any question or discussion on the 22 motion? All in favor of the motion, signify by raising your 23 right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 2-25-13 19 1 (No response.) 2 JUDGE TINLEY: Motion carries. Did we get the -- 3 MR. ODOM: Right here. 4 JUDGE TINLEY: -- information back to the clerk? 5 'Cause I don't want to end up on the spot because you didn't 6 get that back to her, Mr. Odom. Thank you, sir. 7 MR. ODOM: Yes, sir. Thank you, Judge. 8 JUDGE TINLEY: Okay. Let's see, it's not yet 9:30. 9 Let's go to Item 3; to consider, discuss, and take 10 appropriate action to declare surplus three trucks, one horse 11 trailer, two large hog traps, and old box cages off one truck 12 at Animal Control Department. Ms. Fegenbush? 13 MS. FEGENBUSH: Good morning. I have put this on 14 the agenda today to ask to put several items on surplus at 15 Animal Control. We are trying to clean up the property and 16 get rid of unnecessary items that we no longer use. Let me 17 start off with three trucks that have been parked for several 18 years in the back. The first is a Ford F-250 flatbed truck, 19 and it is not running, but the flatbed is in great shape and 20 was purchased only a few years ago, so I think that could be 21 salvageable. The second is a GMC truck that we took to the 22 shop thinking that it was going to take minor repair to fix, 23 and found that it's going to cost way more than we want to 24 put into it. The third is a GMC truck that has not been used 25 in over four years, and it's also not running. All three of 2-25-13 20 1 these trucks are not running. 2 We've tried to jump -- jump two of the trucks off, 3 but they have been sitting for so long that I think they're 4 going to require more maintenance than they are worth. 5 However, I'm not a mechanic, so I'm not sure what they will 6 require. We also have an old horse trailer. This trailer 7 has not been used for at least six years, and needs new 8 lights, new tires, and possibly more. It is an open-top 9 trailer, so we can't use to it haul livestock, horses and 10 such. We have always used it as a dump trailer, but stopped 11 doing that about six years ago, and it's been sitting in the 12 back ever since. As far as the vehicles go, I'm afraid that 13 we've been paying insurance on these vehicles, and possibly 14 even the horse trailer for all of these years they've been 15 sitting in the back, so this is why I would prefer to go 16 ahead and put them on GovDeals or scrap them, whatever y'all 17 decide. 18 The next item is a truck box cage that is used -- 19 used to be on an old truck. It is a solid compartment that 20 fits onto a truck as a camper and has six cages, and each 21 cage is enclosed. The box is not in the best condition, and 22 -- and it has also been down there for about six years. I 23 will try to power-wash it and do what I can to make it look 24 good enough to put on GovDeals. But -- you know, I can try. 25 We also have -- we have four very large hog traps sitting in 2-25-13 21 1 the back of the shelter, two of which are in pretty good 2 condition, so I'd really like to hang onto them. The other 3 two are probably only worth the metal they are, so I'd like 4 to go ahead and surplus them to get them out of there and 5 clean the place up. These are all the items that I would 6 like to surplus, like I said, in an effort to clean up the 7 property and get these vehicles off the county insurance. 8 JUDGE TINLEY: The -- do you have another covered 9 trailer for larger livestock -- 10 MS. FEGENBUSH: Yes. 11 JUDGE TINLEY: -- that you can use? 12 MS. FEGENBUSH: Yes, we have purchased -- 13 COMMISSIONER OEHLER: Got a new one two years ago. 14 MS. FEGENBUSH: Yes, we got a new one, and that one 15 is in great condition. That's the one that we use to haul 16 animals. And -- and like I said, the blue trailer, it 17 actually says "City of Kerrville" on it, so I'm not -- I have 18 to look more into where we got it from, but it has been 19 sitting out there for six years, plus. It's been parked -- 20 COMMISSIONER OEHLER: Think we have title to it? 21 MAYOR PRATT: That was the one reported stolen. 22 (Laughter.) 23 COMMISSIONER MOSER: I have a question. 24 MS. FEGENBUSH: Sure. 25 COMMISSIONER MOSER: Just listening to you, not 2-25-13 22 1 having looked at any of this stuff, it seems like there's -- 2 there's not a system by which you're checking -- taking care 3 of the inventory. Things have been sitting out there for 4 years and years, and nobody pays any attention to it. Is 5 there a policy or procedure, or -- 6 MS. FEGENBUSH: I'm not sure what was in place 7 before me. I don't know. 8 COMMISSIONER MOSER: Is it written down so that if 9 somebody gets hit by a truck today, somebody's going to know? 10 MS. FEGENBUSH: Yes, there is a policy in place. 11 You know, we do have policy and procedures there. But -- 12 COMMISSIONER MOSER: But it just wasn't followed? 13 MS. FEGENBUSH: But I was not charge of it at that 14 time, so I cannot tell you why they were left sitting back 15 there for so long. 16 COMMISSIONER MOSER: Wow. 17 COMMISSIONER OEHLER: Beating the wrong horse. 18 COMMISSIONER MOSER: From what you said, it's not a 19 compelling argument to me to say let's get rid of it. You 20 think this -- 21 MS. FEGENBUSH: Well, and I can definitely -- 22 COMMISSIONER MOSER: I think we ought to see what 23 the value of these things are before we -- 24 MS. FEGENBUSH: Mm-hmm. 25 COMMISSIONER MOSER: -- just junk them. I'm going 2-25-13 23 1 to -- Len Odom is not here. I'll ask a question. Is it 2 possible to take these vehicles and run them over to Road and 3 Bridge, where they have qualified mechanics to take a look at 4 them and see what the condition is before we decide to -- 5 MS. FEGENBUSH: We would have to tow them, but -- 6 COMMISSIONER MOSER: Well, okay. You say you've 7 got insurance. You probably got towing insurance. 8 COMMISSIONER OEHLER: Well, that's not the way I 9 feel we ought to go. I -- 10 COMMISSIONER MOSER: Just a question. 11 COMMISSIONER OEHLER: We need to put them on 12 GovDeals, and that will tell you what they're worth. 13 COMMISSIONER LETZ: They tend to -- yeah. I mean, 14 if they've been sitting there, obviously we don't need them. 15 MS. FEGENBUSH: Right. 16 COMMISSIONER MOSER: Right. 17 COMMISSIONER LETZ: So they need to be -- but 18 surplusing them doesn't mean they have no value. Surplus 19 means that we're just going to get rid of them. And Road and 20 Bridge has done that on GovDeals, basically put them online 21 and put a minimum on them. We have some idea of the value, 22 and we -- 23 COMMISSIONER MOSER: How do we determine an amount? 24 COMMISSIONER LETZ: Sometimes we do, sometimes we 25 just put it at whatever it is, kind of. But what we know 2-25-13 24 1 about them, I agree on the one thing with the GMC. I think 2 you said it was -- I'm not sure how old that truck was, but 3 we may, you know, make sure what the mechanical order is on 4 that one. 5 MS. FEGENBUSH: Right. The one GMC we actually did 6 take to the shop, and that one was -- I didn't see the work 7 order or anything about it, but I was told that it was going 8 to cost way too much, and we were not going to do it. So, it 9 was towed back to the shelter. And, I mean, if y'all want to 10 put these on GovDeals, like I said, I mean, I don't -- I'm 11 not a mechanic, so I can't tell you what's wrong with them, 12 what their value is, but I'm willing to do whatever it takes 13 to get them off the property and off the insurance. 14 JUDGE TINLEY: Mr. Bollier, you had some 15 involvement in getting at least one of those vehicles 16 evaluated? 17 MR. BOLLIER: Yes, sir, the same one that Charity's 18 talking about. We had it hauled over to -- we had it hauled 19 over to Balser's Northside Automotive shop. And when they 20 opened the hood, the radiator is all tore up; it is up 21 against the fan -- the fan. The fan, the driveshaft, it's 22 all up in the -- drive shaft is eating holes into the bottom 23 of the -- it's just messed up. And the whole inside of 24 the -- the frame is even bent. There's a whole lot of things 25 wrong with it, and they told me that it would cost several 2-25-13 25 1 thousand dollars to get it fixed. And the truck has 171,000 2 miles on it, so I don't see that that truck is worth the 3 money that we'd have to put into it. 4 JUDGE TINLEY: Okay. Do you have anything on the 5 other one? 6 MR. BOLLIER: No, sir, I have not. 7 MS. FEGENBUSH: No. The other two, like I said -- 8 I mean, the Ford F-250, that flat bed on that truck, I don't 9 know how it works, if we can -- if another department might, 10 you know, use -- be able to use a flat bed. It's a 11 wonderful, you know -- 12 COMMISSIONER OEHLER: I'd suggest that Road and 13 Bridge come get it and take the bed off, and then put it in 14 salvage. 15 COMMISSIONER LETZ: But even there, only if Road 16 and Bridge needs a flat bed. 17 COMMISSIONER OEHLER: Yeah. 18 COMMISSIONER LETZ: No reason to stockpile a flat 19 bed if we don't need it. 20 COMMISSIONER BALDWIN: Let them sell it. 21 COMMISSIONER OEHLER: Actually, sometimes they take 22 the flat beds off and sell them individually, get more money 23 than if it's on a truck that doesn't work. 24 COMMISSIONER LETZ: I agree with that. 25 COMMISSIONER BALDWIN: The box cage, is that one 2-25-13 26 1 unit that -- 2 MS. FEGENBUSH: Yes. 3 COMMISSIONER BALDWIN: -- that sits on back with 4 little individual -- 5 MS. FEGENBUSH: Yeah, it has six cages, three on 6 each side, and they actually have doors where you can't see 7 into it. It used to be -- used to have it on our truck, and 8 it actually has a "Z" in it for ventilation. And it was a 9 nice -- it was a really nice item at the time that we had it, 10 but I'm not sure why it was taken off the truck and put back 11 there, but it's been at least six years that it's been 12 sitting back there, so the lights are falling off of it. 13 'Cause it has, you know, running lights on it. Lights are 14 falling off of it, and I would definitely need to power-wash 15 it and get it, you know, cleaned up. 16 COMMISSIONER BALDWIN: I have friends in Tennessee 17 that haul around beagles. They have these things before they 18 have indoor running water. 19 COMMISSIONER MOSER: Well, I admire you for what 20 you're doing on cleaning up the inventory and the mess, but 21 it sure is discouraging to know that that kind of equipment's 22 just been sitting out there. 23 MS. FEGENBUSH: It is. 24 COMMISSIONER MOSER: Wasting. That's very 25 discouraging. 2-25-13 27 1 MS. FEGENBUSH: It is. 2 COMMISSIONER LETZ: I think, to me, the way to go 3 forward is surplus all the items, but then they need to 4 figure out -- get some sort of a value determined before it 5 goes on GovDeals. 6 COMMISSIONER MOSER: Yeah, I think so. 7 COMMISSIONER LETZ: So, I'll make a motion that we 8 surplus the referenced items, but with the stipulation that 9 we need to determine some sort of value. I think, Tim, if 10 you could help, I'd appreciate it. 11 MR. BOLLIER: Oh, yeah. That -- GovDeals is 12 wonderful, man. Bruce, remember when we sold all that stuff 13 out there? We got more money for that stuff than you would 14 have got anywhere. 15 COMMISSIONER MOSER: But he's saying get a value 16 before you do that. 17 MR. BOLLIER: Yes, sir. 18 MS. FEGENBUSH: I agree. I mean, I wasn't going to 19 surplus them and then just jump to put them on anything. I 20 definitely want to find out what we're -- I don't -- I would 21 have to talk to I.T. and everybody to learn about GovDeals 22 anyway. I've never used it before, so -- 23 COMMISSIONER OEHLER: It's really pretty simple. 24 I'll second your motion. 25 JUDGE TINLEY: Okay, we have a motion and second. 2-25-13 28 1 Question or discussion? 2 COMMISSIONER LETZ: Related to the stock trailer 3 with the city seal on the side, I -- I know how we got it. 4 When we took over the animal control, we took -- the City 5 gave -- 6 MS. FEGENBUSH: Right. 7 COMMISSIONER LETZ: -- us all of their equipment 8 that they had at the time. But we do need to make sure we 9 have a title for it. And if not, the mayor's back there; he 10 would be glad to sign something over to us, I'm sure. 11 MS. FEGENBUSH: It does have -- 12 COMMISSIONER BALDWIN: Today. 13 MS. FEGENBUSH: It does have -- it does have a 14 plate number that I have provided the Auditor with, I 15 believe, as well as y'all. So -- 16 COMMISSIONER LETZ: I suspect the registration came 17 with it, because at the time we got, I believe, two trucks at 18 the same time. 19 JUDGE TINLEY: Okay. Any further question or 20 discussion on the motion? All in favor of the motion, 21 signify by raising your right hand. 22 (The motion carried by unanimous vote.) 23 JUDGE TINLEY: All opposed, same sign. 24 (No response.) 25 JUDGE TINLEY: Motion carries. 2-25-13 29 1 MS. FEGENBUSH: Thank you. 2 JUDGE TINLEY: Thank you, ma'am. Let's go to -- we 3 have a 9:30 timed item, Item 10; to consider, discuss, take 4 appropriate action regarding Butt-Holdsworth Library 5 operating funds. Commissioner Moser? 6 COMMISSIONER MOSER: Thank you very much, Judge. 7 First of all, I'd like to recognize what the Court has done 8 before I became a Commissioner in establishing the 2013 9 budget. I think it's done an extremely good job in 10 controlling expenses and not requiring a tax rate increase, 11 and that budget included funding for library operations to be 12 derived from a grant, but for whatever reason, the $200,000 13 grant is not available. The situation today is non-city 14 residents of the county have to pay up to $65 per year to 15 have access to all of the services of the library, including 16 checking out books, using computers and the internet. I'm 17 going to make a motion to pursue an avenue where funds might 18 be obtained by, but first I'd like to make a few 19 observations. 20 The library was funded in large part by the Butt 21 family, and their funds and efforts enable federal funding to 22 complement that. The agreement -- perhaps just a gentleman's 23 agreement -- was that the City and the County would share the 24 operating expense, and that was in 1967, so this has been 25 going on for 45 years where the City and the County has 2-25-13 30 1 shared in the expenses. The library is more than a 2 repository of books; it's a service for delivering 3 information. To deliver the information effectively requires 4 a staff highly educated library professionals. Our library 5 has such a staff, the infrastructure, and the assets. The 6 library's one of the most important assets the County has, 7 because it enables intellectual development of its citizens. 8 Intellectual development is what makes the U.S. different 9 than many countries in the world, but we're losing our lead. 10 Our country's losing our lead. We're getting beat in a lot 11 of areas by China and India, where their intellectual 12 capabilities are exceeding ours. 13 Our library cardholders or patrons, if you will, 14 there's 3,800 that live outside the city, and that represents 15 about 47 percent of the total library cardholders. 16 Approximately 300 of the youth that's 18 and under use the 17 library each month. Many of these people cannot afford $65 18 per year. So, why is it important for individuals to have 19 free use of libraries? I think there's some people in the 20 audience that probably want to speak to that, but I'd like to 21 give a personal experience, if I may. When my mother and dad 22 got married, they had $34 to their name. My dad finished 7th 23 grade in school. He kept pounding into me what he was doing; 24 he was reading, reading, reading the whole time. He 25 progressed well through the Sunset Railroad Company. It's 2-25-13 31 1 because of libraries that -- that I was able to get where I 2 am, and I hope I've contributed something to my profession in 3 the communities in which I lived. There are other anecdotal 4 stories like that where people -- free libraries have meant a 5 tremendous amount to them in their lives. 6 I think one example here that's come up in the last 7 few weeks by a lot of people in the nation is Dr. Benjamin 8 Carson, who only got to where he was as a pediatric 9 neurosurgeon recognized around the world as -- as a leader, a 10 person who has contributed millions of dollars to children's 11 education, because his mother, with a third-grade education, 12 made him go to the library and read books and make reports. 13 Even though she couldn't read the reports; she was 14 illiterate. But that was the thing that started him, and the 15 thing that is another example of why libraries -- free 16 libraries, I might add -- are very, very important. So, with 17 that, I think there's some people in the audience that have 18 some things that they would like to say. So, Judge, if 19 you're -- if you agree with that? 20 JUDGE TINLEY: Okay. 21 MS. SWANSON: Do I hand this to -- 22 JUDGE TINLEY: Yeah. If you've got some comments 23 on this item, if you'll give us your name and address, and 24 then give us your comments, please. 25 MS. SWANSON: Yes, sir. My name is Nancy Swanson, 2-25-13 32 1 and I'm a resident of Kerr County. I have a similar story to 2 Commissioner Moser. My parents took me to the library when I 3 was a kid 'cause I loved to read, and I -- because we could 4 not afford to go to Hastings or the book store to buy books 5 when I was a kid. And the library, it really -- I think it 6 changed my goals in life and my path. And I'm now the parent 7 of a 19-year-old daughter who spent a lot of time in the 8 library during her K through 12 years in Kerrville, and 9 before she could drive, I would go with her in the evenings 10 when she had homework or research or whatever to do, and I 11 would watch the children -- the other kids that were in the 12 library, and it was kids and young people. They were on the 13 computers, they were doing their homework, they were quiet, 14 they were respectful. And I know a lot of these kids 15 personally, having volunteered in the Hunt School system and 16 Center Point and Kerrville ISD for all the years that I've 17 lived here, and there are many children that are hungry for 18 knowledge and need a place to be able to study, use the 19 computer, have access to books, have a place where learning 20 is a cool thing and where they're supported in that effort, 21 and they don't have that opportunity. 22 And it used to make me very sad when I would go in 23 there with my daughter, 'cause I knew I could go home to my 24 internet connection and my home computer and use it, but 25 those kids didn't have that option. I also know of quite a 2-25-13 33 1 few young adults in our community personally, some of which 2 who work for us on our ranch, who with their -- their -- they 3 and their friends use that library to access job 4 opportunities, write their resumés, look at want ads, do some 5 research of companies they might be looking at. Again, they 6 don't -- can't afford to have internet service at home. And 7 I think a library -- access to knowledge for everyone is a 8 hallmark of a civilized society. And I'm happy to pay the 9 taxes to support the library, or help find another solution 10 to do that so that all of the citizens in our county can have 11 access to that, not just the ones that can afford to pay for 12 it. 13 And finally, I think that having access to 14 libraries, especially for kids, and having story time, having 15 access to go to story time, gets kids comfortable with the 16 library, with reading. If they do well in reading, they do 17 well in school. If they do well in school, it's easier 18 either to find a job or go to college or learn a trade. And 19 I think as -- as a community, not only for the intangible 20 benefits the community receives, but I think it creates 21 better citizens, and I think it saves counties, cities, 22 states money in the long run, because maybe those young 23 people, as they grow up, won't be accessing social services 24 or using our criminal justice system. I think they have to 25 start early. I appreciate you listening to my thoughts. 2-25-13 34 1 Thank you. 2 JUDGE TINLEY: Thank you, ma'am. 3 COMMISSIONER OEHLER: Thank you. 4 JUDGE TINLEY: I do not -- I've not been given any 5 other participation forms, but yes, ma'am? 6 MS. MITCHELL: Good morning. I'm Jenny Mitchell, 7 and I'm a resident of Kerrville. I'm a retired reading 8 coordinator for a large Oklahoma school district, and -- and 9 in that position, I was able to work with teachers and 10 students, and it was my personal experience as well as 11 research, which I cited in a very recent letter to the editor 12 that says that access to reading materials and the amount of 13 time spent in reading are the two variables, more than 14 poverty or education, that affect and influence positively 15 reading proficiency and reading attainment. Tom pretty much 16 stole my thunder. I was going to personalize that research 17 by giving the example of Dr. Ben Carson, who was probably not 18 even on our radar screens until two or three weeks ago when 19 he spoke at the National Prayer Breakfast, but he does tell a 20 very compelling story about the difference that libraries 21 made in his life in turning him from a very angry, surly, 22 bullying young youth into the renowned pediatric neurosurgeon 23 and author and keynote speaker that he is today. 24 One other example, and that would be our 16th 25 president, Abraham Lincoln. We all know the story of the 2-25-13 35 1 meager existence in which he grew up, and his parents were 2 uneducated. But his -- both his biological mother and his 3 stepmother were readers, and they encouraged him to read and 4 helped him to read. And because of his love of books, we all 5 know how he walked many days and many -- many miles every day 6 to find books to read. And he later said in his life -- he 7 wrote that it was the invention of the printing press and the 8 access to printed materials more than any other factor that 9 has helped mankind rise out of poverty. And so I just think 10 that if we value a literate society in our county, in our 11 city, then I think any way that we can to help support free 12 access to public libraries will make all the difference in 13 allowing our citizens to become more literate. And as this 14 lady has so eloquently talked about, the alternative is 15 oftentimes incarceration, a life of crime, and poverty for 16 citizens who cannot read. Thank you. 17 JUDGE TINLEY: Thank you, ma'am. Anyone else wish 18 to be heard? 19 MS. WILSON: I'm Victoria Wilson. I know everybody 20 on the Court, really, and I -- I was the library director for 21 18 years at the Butt-Holdsworth Memorial Library. Just by 22 way of background, my training in library science is I have a 23 Master's in library and information science. My professional 24 experience was as a children's librarian at Dallas Public 25 Library. I managed the library in Dallas at the Federal 2-25-13 36 1 Reserve bank. I did several research projects for the 2 University of Texas at Dallas, and then along the way, I 3 lived in New York and worked in editing and publishing for 4 Scriveners. I have, I guess you might say, quite an eclectic 5 experience, but my claim to fame here is that I'm a Tivy 6 graduate; I grew up in Center Point. Some of my family were 7 original settlers to Kerr County -- excuse me, the Reeses, 8 and actually were pivotal in organizing the county. And I 9 think I can safely say without incurring too much wrath of my 10 ancestors that one of the things that they valued -- well, 11 probably the most they valued were -- was education. And, of 12 course, we all know that public libraries fit into the goal 13 of education. 14 So it's -- I don't want to really insult the 15 Commissioners' intelligence by trying to justify libraries, 16 because I know that while I was a library director, funding 17 the County's portion of the library was a big struggle for 18 all of us. And libraries are not cheap, and they can't be 19 justified in trying to find money when you're trying to take 20 care of the roads and bridges and you're trying to buy 21 vehicles and you're trying to have law enforcement covering a 22 very difficult geographical area. And I think it is 23 important to keep in mind that Kerr County is a rectangle. 24 Of course, the river's in the middle, but we have a real 25 struggle providing services to each end of the county. And 2-25-13 37 1 the only one that works pretty well is the library, because 2 the library is in the geographical center of the county. 3 People come from both ends of the county to do their 4 marketing, their banking, all of their services. So, in my 5 opinion, that's one of the reasons why the library building 6 itself has a very emotional and sentimental appeal, but also 7 it works because people lump the errands to town to going by 8 the library, picking up books for their kids. 9 So, the library is a very functional entity in this 10 county. At one time, before -- I don't know what the 11 statistics are now, but I know that before the library closed 12 for renovation, the number of people estimated in the library 13 building, without -- without specifying just what they were 14 doing in the library, was 500 people a day. It would be 15 curious to know if there's a door count for the -- the City 16 Hall and the courthouse, if that many people just even come 17 through the door. So, once again, we all talk about how 18 popular the library is, but I do think that it -- because of 19 the geographical configuration of the county, when you think 20 of parents and children and the rural poor -- and I was just 21 told that at some -- that the latest -- one of the latest 22 figures offered by the Partners in Ministry was 60 percent of 23 children below the age of six or under are at the poverty 24 level, so those really are the ones that are going to be 25 hardest hit if their parents have to get library cards. 2-25-13 38 1 We've already mentioned the history of the library, 2 how the Butts worked with the federal government to get 3 federal funding for the initial library building. And I will 4 reiterate what Mr. Moser said, and that is that the federal 5 funding for that gift, and the Butts' funding, that was 6 emphasized to me by Mrs. Butt in 1987 when I went to Corpus 7 to visit her, it was predicated on the idea that the 8 operating expenses would be shared equally by the City and 9 the County. And just another point. When some -- I've heard 10 many times that one of the defining factors for funding or 11 not funding the library is that, well, the City owns the 12 building, so therefore, the City has responsibility for the 13 operation of the library. Well, somebody has to own the 14 building, and somebody has to operate -- take the lead in 15 operating it. That is underscored by every single 16 partnership agreement. There's usually a managing partner 17 who makes decisions. That should not be a deal breaker for 18 whether or not county residents are served by the library, in 19 my opinion. Anyway, I just want to reiterate -- I 20 understand, because I've been there; I understand how 21 difficult it is for the County Commissioners to fund the 22 library. It's really hard. And -- but still, there are -- 23 there's a huge number of underserved people if they have to 24 buy a library card. Just -- our community will definitely be 25 diminished in many ways. So -- I wish I had a glass of 2-25-13 39 1 water. 2 JUDGE TINLEY: Any questions for Ms. Wilson? Thank 3 you, ma'am. 4 MS. WILSON: Thank you. 5 COMMISSIONER MOSER: Judge, I -- I know that the -- 6 as I said, the Court has done an extremely good job in 7 establishing the budget for 2013. I also know in budget year 8 2012, that the County received funds from a grant to -- to 9 fund their portion of the library, and I think we should do 10 it for 2013, apply for a grant. So, I'm going to make a 11 motion, if I may. The motion is that the County apply for a 12 grant from the Peterson Foundation or any other benefactor or 13 institution that would grant funds for the County's share of 14 the library's operating expense for 2013, which is $200,000; 15 that application to the Peterson Foundation be made no later 16 than February 26, 2013, and the County Judge to be allowed to 17 sign the application. And if granted, these funds be used to 18 establish the agreement with the City for library operations, 19 and thus enabling all citizens of the county to have free 20 access to all library services for 2013. I've prepared the 21 application for the Peterson Foundation, and that's my 22 motion. 23 JUDGE TINLEY: We have a motion. Do I hear a 24 second? 25 COMMISSIONER LETZ: I'll second it so I can discuss 2-25-13 40 1 it. 2 JUDGE TINLEY: We have a motion and a second. 3 Question or discussion? 4 COMMISSIONER LETZ: You know, I don't mind -- well, 5 first of all, I'll make a general comment. I agree with 6 everything said about the importance of libraries. The 7 problem is, this isn't our library. We don't control the 8 library, and that has become a little bit of an issue -- or a 9 big issue to me. For years, this Court, while I've been on 10 the Court, has tried to work with the City on how to jointly 11 make some decisions, and we were told no. We were told 12 basically by the City of Kerrville, "It's our library; we'll 13 operate the way we want. Y'all need to pay your part." You 14 know, and it got to the point that I said, well, then we -- I 15 can't -- if I don't have any input as an elected official, 16 then I cannot continue to support funding it. And the City 17 of Kerrville made their decision, and that's -- that's fine. 18 I've talked to the City Manager and the Mayor and others 19 about the issue, and I don't see that they have a huge -- 20 they're not -- they have not come back to me with a -- you 21 know, trying to figure out a way for the County to fund it, 22 so I figure that -- basically, Todd Parton said, "The 23 County's made its decision; the City will act accordingly." 24 That's what been done. 25 I have no problem with that. You know, if the City 2-25-13 41 1 chooses to charge a fee, that's their choice. You know, I 2 think it was Ms. Wilson -- or actually, all three of the 3 ladies that spoke made comments about Kerrville's a hub. 4 Essentially, the community comes in here. That's true. And 5 all those citizens in the county are paying sales tax in the 6 city of Kerrville, so there's funding coming into Kerrville 7 from those people. The City is making the choice; it's not 8 the County. We've tried to work with the City for years, and 9 got to the point where we are now. That being said, you 10 know, I still have no problem trying to work with the City on 11 some sort of a funding mechanism. You know, we don't want to 12 be partners. I'm not -- I understand that. We're not going 13 to be partners. If there's a -- in future years, maybe we 14 can come up with what would it cost to not charge a fee, 15 whatever the amount would be. Going forward with the grant 16 now, I don't have a real problem with going forward for a 17 grant, but only if we have a long-term solution. Doing a 18 one-year fix, all we're doing is having the same argument, 19 same discussion a year from now, and I would rather have that 20 right now and, you know, be done with it, how we're going to 21 go forward. So, if we have a long-term plan, agreed to by 22 all parties, then I have no problem with the grant for one 23 year, but not unless we have that long-term plan in place. 24 COMMISSIONER MOSER: The strategy here, Jonathan, 25 was to -- and I agree with you 100 percent on the long-term. 2-25-13 42 1 The strategy here was if we can get the grant, if we can have 2 a bandaid to get us through this year only, okay, then take a 3 couple of months to figure out what we can do in 2014 and 4 beyond. I'm optimistic that we can figure out a solution in 5 how to work with the City to get there so that all citizens 6 have this. I don't think we will get that accomplished -- 7 you probably know better than I; I don't think we'll get that 8 accomplished in the next few weeks. And if we can get this 9 -- this grant -- and I don't know if we can, okay? They just 10 said they would accept an application, and that's what my 11 motion is, is to try and get the grant for 2013, to keep 12 things moving forward to enable people to use the library. 13 I think we're going to see a big drop off in the number of 14 people using it from outside the city, 'cause they don't have 15 the money. That data will come in, and I agree with you 16 about 2014 and beyond. So, I'm not making a motion on 2014 17 and beyond, but I think the -- I think we can find a solution 18 for that. 19 COMMISSIONER LETZ: My question, though, is we've 20 got to have a plan. I can't go forward with a grant unless 21 we have an idea what we're going to do next year, 'cause I 22 don't want to go through this again. And, you know, if -- if 23 there is a -- if you, I, whoever, meet with the Mayor, 24 members of the city staff, whatever the way is, as to what do 25 they need from the County to not charge county residents, and 2-25-13 43 1 a reasonable -- you know, and a reasonable amount. I mean, 2 that discussion, to my knowledge, has never really taken 3 place. 4 COMMISSIONER MOSER: Okay. 5 COMMISSIONER LETZ: But I think -- 6 COMMISSIONER OEHLER: I agree with what you're 7 saying, because it's not going to do anything but cause more 8 problems next year. We've had this -- look what happened 9 this time. You know, we thought we had a deal going forward 10 for three years, and it turned out to be one. 11 COMMISSIONER LETZ: So -- but anyway, I think, you 12 know, like I say, I don't have a problem with going forward 13 with an application for this year, but I think that step has 14 to be done first to figure out where we are next year with 15 the City. 16 JUDGE TINLEY: Commissioner, I -- you know, I'm 17 somewhat reminded of what we've been seeing in Washington 18 over the last few months. They are kicking the can down the 19 road, but -- "We'll kick the can down the road, and surely by 20 the time we get to the end of the road, we'll have a fix 21 figured out." Well, they ain't had no fix figured out. And 22 we've been playing this game now for several months, and if 23 we're talking about an interim solution here, I want to know 24 what the end solution is before I even think about supporting 25 an interim solution. And without knowing how the can's going 2-25-13 44 1 to keep from being kicked down the road again and again and 2 again and again, I can't support even making application for 3 a -- a grant, when all we got is the hope that, surely by the 4 time we get to next year's budget, we'll have it all figured 5 out and everything will be sweetness and nice. We got to 6 have -- we got to have step two nailed down before we even go 7 with step one, in my opinion -- in my estimation. For 8 whatever that's worth, that's mine. 9 COMMISSIONER MOSER: Well, I don't disagree with 10 anything you say. The only idea of funding an interim thing 11 is that it would enable the public, the citizens of the 12 county, to enjoy the benefits of the library while we work on 13 this. And I understand about kicking the can down the road. 14 I don't like that either. But while we -- while we work over 15 the next "X" number of weeks or months, whatever, to figure 16 that out, there are people that are not going to be able to 17 use the library, where they might under the same thing. And 18 it's no impact on the county; all it's doing is requesting 19 the funds. I don't know if we could even be granted those 20 funds, but I can't see the disadvantage in requesting them. 21 COMMISSIONER OEHLER: The only disadvantage I see 22 is that most of those foundations give funding to capital 23 projects. It's not normally for maintenance and operation. 24 COMMISSIONER MOSER: Well, let's let them decide. 25 COMMISSIONER OEHLER: Well, if you get the vote, I 2-25-13 45 1 would say that's the case. If you don't, well, that's just 2 not going to happen. 3 COMMISSIONER MOSER: And when I talked to them, 4 they said, "Is this permanent?" And I said, "No, this 5 application would be for 2013 only." And we have to -- just 6 like Jonathan Letz said, we have to figure out how we go 7 forward for 2014 down. That was -- that was one of the 8 things informally that could be said, and that's what the 9 application so states. 10 COMMISSIONER OEHLER: Well, the other thing is, 11 too, we're already four months into the -- into our budget 12 year. 13 COMMISSIONER MOSER: Well, that's right. 14 COMMISSIONER OEHLER: Which is a third of the way 15 through the year. So, I mean, for them to fund the full -- 16 well, five months. 17 JUDGE TINLEY: Five months. 18 COMMISSIONER OEHLER: Okay, yeah. 19 COMMISSIONER MOSER: Well, the library's been 20 operating up until -- everybody used the library up until 21 February the 1st. So, from October 1st to February the 1st, 22 everybody got to use it, so you can say that's paying a bill 23 that was due. 24 COMMISSIONER LETZ: Well, I think the -- I mean, I 25 can't support it unless we have a plan. Now, if -- I know 2-25-13 46 1 the Mayor can't make a decision. I'm not asking him to even 2 make a comment, but if the City wants to, you know, sit down 3 and try to work out a long-term solution, we're willing to do 4 that. And I think part of that would be you're going to have 5 to delay imposition of the -- I don't know if they can; I 6 think they've already done the library card bit. But -- I 7 mean, and try to work it out. But, you know, it's -- when 8 they impose the fee is their decision. All we can do is try 9 to meet with them and say, you know, let's try to figure out 10 a long-range plan. What's it going to take to not charge the 11 fee? Then when we have an answer, then we can, I think, at 12 the same time go -- whether we require going to a foundation, 13 or maybe finding some funds in our budget, if we have some 14 unexpended funds that I don't know about -- the Auditor's 15 looking up. But I just think I can't go forward without 16 having an idea as to how we're going to do it. I just don't 17 want to just defer the inevitable right here. So, I saw the 18 Mayor listening intently, so I'm sure he is -- 19 MAYOR PRATT: I'll even speak, because you opened 20 the door. 21 COMMISSIONER LETZ: Okay. 22 JUDGE TINLEY: Come on up, Mr. Mayor. Good to have 23 you here with us today, as usual. 24 MAYOR PRATT: For the record, Jack Pratt, Mayor. 25 Let me go on record and say that the City of Kerrville has 2-25-13 47 1 always been willing to sit down with the Commissioners Court 2 and talk about the library issue. We've never closed the 3 door. We received a letter from the Commissioners Court 4 stating that they would not be funding the library this year. 5 It was up to you to come back and open the door up. You 6 closed it at that time. But we've never refused to sit down 7 with Commissioners Court and talk about the library, and we 8 will today. We're open and we're willing. 9 JUDGE TINLEY: Thank you, sir. Nothing unclear 10 about that. Any other questions or comments on the motion? 11 All in favor of the motion, signify by raising your right 12 hand. 13 (Commissioner Moser voted in favor of the motion.) 14 JUDGE TINLEY: All opposed? 15 (Commissioners Baldwin, Letz, and Oehler voted against the motion.) 16 17 JUDGE TINLEY: Motion fails. Okay, let's go to our 18 10 o'clock timed item that we have; to consider, discuss, 19 take appropriate action on request from Kerr County Roller 20 Derby to use the show barn for practicing and possible event. 21 MS. JONES: Hi, gentlemen. How are y'all this 22 morning? 23 COMMISSIONER OEHLER: Good. 24 MS. JONES: I'm Leslie -- 25 JUDGE TINLEY: Let's let these folks get cleared 2-25-13 48 1 out here and make it a little less confusing for you. 2 MS. JONES: No problem. 3 JUDGE TINLEY: Your name again was? 4 MS. JONES: I'm Leslie Jones. 5 JUDGE TINLEY: Okay. Thank you for being here. 6 MS. JONES: Thank you. I also have Ann Phillips 7 here with me; she's part of the team. 8 COMMISSIONER MOSER: Is that mic working? 9 MS. JONES: I don't know. Is it? 10 JUDGE TINLEY: Probably not. 11 MS. JONES: How about now? 12 JUDGE TINLEY: Speak louder. 13 MS. JONES: All right. 14 MS. PHILLIPS: We had a presentation, but a little 15 technology error, so this is in lieu of our presentation. 16 COMMISSIONER MOSER: There it is. 17 MS. JONES: All right. 18 COMMISSIONER OEHLER: This is all news to me. I 19 didn't know there was a roller derby group in town. 20 MS. JONES: That's why we're here. 21 COMMISSIONER LETZ: I got an e-mail about it; first 22 I heard of it. 23 COMMISSIONER OEHLER: I did too. I even followed 24 up on it. 25 MS. JONES: All right. Well, I'm Leslie Jones; I'm 2-25-13 49 1 with Kerr County Roller Derby. This is Ann Phillips; she's 2 also a team member. We are here to ask you kind gentlemen 3 today if we would be able to use the Hill Country Youth 4 Exhibit -- Ag Barn, the new showroom for practicing. We 5 formed July 2012, about mid-July, started out with about six 6 or seven girls. We've now grown to 25 girls. We're 7 getting -- 8 MS. PHILLIPS: And women. 9 MS. JONES: And women, that's right. We're women, 10 not girls, that are all on skates and able to skate. We -- 11 I'm sorry, I'm getting nervous. But there's about -- 12 we've -- we range from ages 18 to 45. We require that you do 13 have to be 18 to participate. There are liability waivers 14 that are signed to say that you are willing to participate 15 for the league with whatever -- there are -- you know, when 16 you're on skates, accidents happen; that you're aware of 17 that. But just as much as that, they're a variety of ages. 18 We all come from different walks of life. We have a 19 veterinarian, we have a police officer, we have full-time 20 moms, we have business owners. And we just wanted to bring 21 something new and exciting to Kerrville. And I'm going to 22 let Ann -- 23 MS. PHILLIPS: Okay, sure. 24 MS. JONES: -- take it. 25 MS. PHILLIPS: So, in your presentation, it gives a 2-25-13 50 1 lot of background about who we are, where we come from. 2 Roller derby is not a new sport. Back in the '70's, you guys 3 probably remember it was more of a for-show, kind of like 4 some of the crazy wrestling teams and such. Well, this is a 5 sanctioned, governed, true sport, and we hold ourselves to 6 high standards when we're practicing as a team, and also when 7 we're out in the community doing community events, so that we 8 promote a very positive reputation and role model. Where 9 we're currently practicing is at the Louise Hays Park 10 pavilion, and luckily, that park is going to be going through 11 renovations, and so we will not have a place to skate. We're 12 asking use of the Ag Barn simply because not only is it safe, 13 but when we do an event and we bring in hundreds of people to 14 Kerrville -- because this is quite a popular sport. It's 15 going to bring heads in beds, people to our shops. People 16 are going to eat at our restaurants. It's going to be a good 17 thing across the board for the county, for the city, and for 18 our team. 19 COMMISSIONER BALDWIN: Are you saying we're all 20 going to get rich? 21 MS. PHILLIPS: Yes, sir. 22 COMMISSIONER BALDWIN: Buy our own library and all 23 that, all from roller derby? 24 MS. PHILLIPS: No. But there are statistics that 25 can show how much money roller derby can bring into a 2-25-13 51 1 community. Austin is an exception; they're huge. They have 2 national television coverage. They're all over the web. We 3 need to start with a home, and then we grow from there. 4 Fredericksburg has a team, Boerne has a team, Kingsland has a 5 team. Actually, the Hill Country has quite a few teams, so 6 what we do once we have a home is bring these together. We 7 sell tickets; it could be for $5 for smaller events, $15 for 8 the larger. We have concession stands, media coverage, 9 sponsors. It's a big deal. You know, football is a big deal 10 here. Baseball is a big deal. We have golf. Why not roller 11 derby? But we need a home. 12 COMMISSIONER BALDWIN: The -- there's where you 13 trigger my thinking, is, "We need a home." And this home 14 issue, I'm not really into how much you're going to pay for 15 -- are you going to -- willing to pay for the place? Or 16 you're going to get nonprofit -- 17 MS. JONES: We're working on our nonprofit status. 18 COMMISSIONER BALDWIN: Let me finish. Nonprofit 19 status, so that we'll give it to you half price. I'm not 20 into any of that stuff. What I'm into is that blocking out a 21 county facility that everybody on earth is -- soon will be 22 wanting to use, and then we have everything reserved for 23 y'all. 24 MS. PHILLIPS: Oh, no. 25 COMMISSIONER BALDWIN: That's not going to happen, 2-25-13 52 1 far as I'm concerned. 2 MS. JONES: We're not asking for full access every 3 day, all week. 4 COMMISSIONER BALDWIN: I understand. Even twice a 5 month, on a regular schedule, because there's other people 6 that are going to be coming in this town, spending a lot of 7 money, heads on the beds, and -- 8 MS. PHILLIPS: Yeah. 9 COMMISSIONER BALDWIN: -- and buying a lot of wine 10 and all that kind of stuff, and wanting to use this facility. 11 MS. JONES: Yes, sir. 12 COMMISSIONER BALDWIN: That will pay the full 13 amount. 14 MS. PHILLIPS: Is it currently being used on 15 Mondays and Thursdays in the evening hours? 16 COMMISSIONER BALDWIN: I have no idea. 17 COMMISSIONER MOSER: Can I ask a question? When 18 you say ag barn, show barn, exhibit hall, which -- what are 19 you speaking of? 20 MS. PHILLIPS: We need 6,000 square feet of smooth 21 concrete. I'm new to Kerrville. I think it's referred to as 22 maybe the exhibit arena or exhibit hall, show -- show hall. 23 I don't know yet. 24 COMMISSIONER BALDWIN: I'm not sure either. 25 MS. PHILLIPS: I looked everywhere online; I was 2-25-13 53 1 not able to find it. 2 MS. JONES: We were shown an area that has the 3 smooth concrete. I'm not fully -- I'm assuming that's the 4 new show barn. 5 COMMISSIONER LETZ: Show barn. 6 COMMISSIONER BALDWIN: New building. 7 COMMISSIONER MOSER: Show barn. 8 MS. JONES: Because I know there's also the -- the 9 -- there was the exhibit hall in between the two that would 10 also be adequate, but I know it's being -- it's in process to 11 be torn down, I think, 'cause it's going to be remodeled. I 12 think that's what I was told. But either one of those would 13 be more than adequate for us, and we would be willing to pay 14 a rental amount, but we understand that there are going to be 15 people that take precedence if they're going to lay down more 16 money. 17 MS. PHILLIPS: And this would be a good place to 18 start, and what it would do too is bring out people to your 19 facility to further advertise what's available at that Ag 20 Barn. You're going to get people from all over central 21 Texas, perhaps even further, so it's going to help advertise 22 your facility. And maybe this isn't our permanent home, 23 because, sure, ideally everyone wants to build their own 24 home, you know. But for right now, it would be an honor to 25 practice there and to bring tournaments to this town. 2-25-13 54 1 COMMISSIONER MOSER: So, what are you specifically 2 requesting the use for? What period of time? 3 MS. PHILLIPS: Practices. Practices -- 4 COMMISSIONER MOSER: No, I'm not saying for -- 5 MS. PHILLIPS: -- two times a week. 6 COMMISSIONER MOSER: -- for what. For when? For 7 what period of time? Monthly? Weekly? 8 MS. PHILLIPS: Monthly. 9 MS. JONES: Weekly. It would be weekly. Well, if 10 you want to give us a shot for six months to see how it works 11 out, if it's something that would work, and we'd work within 12 whatever schedule that you already have. I don't see why we 13 couldn't do -- use it weekly for six months and go from 14 there. 15 JUDGE TINLEY: Have you ladies taken the 16 opportunity to talk to Ms. Grinstead? Okay. And she's told 17 you a little bit about how she accepts reservations and -- 18 MS. JONES: Yes, sir. 19 JUDGE TINLEY: -- what the requirements are? 20 MS. JONES: Yes, sir. 21 JUDGE TINLEY: And all those good things that are 22 necessary, and there's -- we also have a policy on rollover 23 dates, I'm going to call them, for lack of a better term, 24 where multiple use -- and you've talked to her about that? 25 MS. JONES: Yes, I came and talked to Ms. Grinstead 2-25-13 55 1 first about what were the rental options for the facility, 2 and when I told her what our use would be for, especially 3 during the week, and on a regular basis, she encouraged us to 4 come and talk to y'all, since we're kind of a special 5 situation. 6 JUDGE TINLEY: Okay. 7 COMMISSIONER LETZ: I think, Judge, one of 8 the things we have to be -- you know, certainly free use is 9 out of the question, from my standpoint. 10 MS. JONES: Of course. 11 COMMISSIONER LETZ: Because if that facility is 12 open, we have to have a county staff there. 13 MS. JONES: Yes. 14 COMMISSIONER LETZ: Which is going to be the 15 Maintenance Department. So, you know, there's a -- you need 16 to have electricity and all that. So, I mean, there's going 17 to be a fee. I don't have a problem with entering into some 18 sort of a six-month trial basis, but I think we need to 19 probably look to Tim and Jody to figure out -- and y'all to 20 figure out, okay, how long is this going to be? So that we 21 can figure out how many employees are going to be there, and 22 how many -- how much electricity, kind of get an overall 23 cost, and then kind of go from there. I think Jody knows the 24 dates that -- I mean, weekends are, obviously, going to be 25 out, 'cause that's for other events to take place. 2-25-13 56 1 MS. JONES: Of course. 2 COMMISSIONER LETZ: I don't know if Monday's a good 3 day. I don't know what day's the best day, but there's some 4 times that we're less likely to be available. And there'd be 5 some understanding that the -- you know, you could get bumped 6 if a bigger event comes in. But, that's kind of -- to me, 7 figure out -- 8 MS. JONES: Yeah. 9 COMMISSIONER LETZ: -- the cost on it. 10 MS. JONES: 'Cause we're very self-contained. I 11 understand paying for electricity, water, and I know you 12 probably want someone in there, your staff to make sure we're 13 not a bunch of hooligans tearing up the place. I assure you, 14 we're not. 15 JUDGE TINLEY: Has it been suggested that y'all 16 are? 17 MS. JONES: Well, I think it's -- some people think 18 roller derby, and they get a different idea when they 19 actually see us. 20 COMMISSIONER LETZ: Yeah. 21 MS. JONES: But we are very -- we would -- as of 22 right now, how we operate is, everything -- anything we 23 bring, we take with us, especially since we're working in a 24 city park. I do know, even though we are there, we've -- I 25 feel like we're a positive activity, so we've helped negate a 2-25-13 57 1 lot of negative activity that was going on before we were 2 there. Not that the Ag Barn has that problem, but we -- 3 anything that we lay down -- 'cause the track is a temporary 4 track either way. It's a flat track that we would lay down. 5 We would bring with us any trash, any of our gear. 6 MR. BOLLIER: I only have two questions for you. 7 MS. JONES: Sure. 8 MR. BOLLIER: My questions are, are you going to do 9 these practices or whatever you're going call them during the 10 week? How long? Is it going to be after 5:00? Before 5:00? 11 MS. JONES: It would be Mondays and Thursdays from 12 6:00 to 9:00, is what we're practicing at now. Now, if that 13 doesn't -- isn't congruent for your staff, we'd be more than 14 happy to maybe look at it. It'd probably have to be after 15 5 o'clock, though, since everyone works. 16 JUDGE TINLEY: I think -- and I would subscribe to 17 this. What Commissioner Letz is talking about is probably 18 the best thing to do, is for these ladies to sit down with 19 the two of y'all and come up with a proposed plan. And once 20 you know these particulars, you can figure out what you've 21 got to do personnel-wise. Ms. Grinstead knows about the use 22 of the facility and the likelihood of which days and so forth 23 and hours, and come back to us with some sort of 24 comprehensive plan in a nice little package. 25 MS. JONES: Sure. 2-25-13 58 1 JUDGE TINLEY: And if it's -- if you achieve 2 nonprofit status, why, that's going to have an effect on the 3 cost. If you don't, why, that's going to have an effect on 4 the cost. But like Commissioner Letz said, y'all sit down 5 across the table with one another and work out a plan, and 6 bring it back to us. 7 MS. JONES: We'll be happy to. 8 MS. PHILLIPS: Thank you. 9 COMMISSIONER OEHLER: It could work out, too, to 10 where that would be used during the week when it's not being 11 used much at all for anything else. It might be a good 12 thing. We don't know until we -- you know, I'd be willing to 13 give it a chance, like you're saying. 14 MS. JONES: We'd be glad to operate around whatever 15 schedule y'all have, 'cause we know y'all want to make money 16 too. 17 COMMISSIONER LETZ: Okay. 18 COMMISSIONER OEHLER: Try to cover some of the 19 costs. We're not going to make any money. 20 COMMISSIONER LETZ: Okay. 21 COMMISSIONER BALDWIN: And included in that is that 22 Jody take a look at the stock show people, the -- all those 23 things that they do, and see if they're going to -- if they 24 have plans on using it, because they're first, in my opinion. 25 They have plans on Mondays and Thursdays and that kind of 2-25-13 59 1 thing, and that needs to be a part of the request. 2 COMMISSIONER MOSER: Very impressive brochure. 3 MS. JONES: Thank you. 4 JUDGE TINLEY: Yeah, that's a very august-looking 5 group, isn't it? 6 MS. JONES: We wanted to leave a good impression. 7 COMMISSIONER BALDWIN: What about the photographer? 8 MS. PHILLIPS: David Jackson. Do you know him? 9 COMMISSIONER BALDWIN: I don't admit to anything 10 like that. (Laughter.) The Sheriff is sitting right there. 11 JUDGE TINLEY: Thank you, ladies. We appreciate 12 it. 13 MS. JONES: Thank you. 14 JUDGE TINLEY: Y'all sit down and work up a plan. 15 MS. PHILLIPS: Thank you. 16 MS. JONES: Thank y'all. 17 JUDGE TINLEY: You bet. Okay. Now, let's get back 18 to where we were, which is -- where we were we? 19 COMMISSIONER BALDWIN: Where we were. 20 MS. HARGIS: Six. 21 JUDGE TINLEY: Okay, Item 6; to consider, discuss, 22 take appropriate action to appoint deputy constables pursuant 23 to Texas Local Government Code Section 86.011. Constable 24 Lavender? 25 MR. LAVENDER: Good morning. 2-25-13 60 1 JUDGE TINLEY: Good morning. 2 MR. LAVENDER: Commissioners, Judge. All we need 3 to do is continue to do business like we're doing, and just a 4 little housekeeping item that we need to bring before you. 5 COMMISSIONER OEHLER: I move for approval. 6 COMMISSIONER BALDWIN: I second the motion. 7 JUDGE TINLEY: Motion made and seconded. Question 8 or discussion? 9 COMMISSIONER LETZ: Well, hold on. Hold on. 10 COMMISSIONER MOSER: What's the motion? 11 COMMISSIONER LETZ: I just want to make sure that 12 the record's clear as to -- 13 COMMISSIONER OEHLER: Be appointed under Section -- 14 what is it? 15 JUDGE TINLEY: 86.011. 16 MR. LAVENDER: Yes. 17 COMMISSIONER OEHLER: Local Government Code. 18 COMMISSIONER BALDWIN: Let's talk about that just 19 for a second, now. Are we talking about adopting this 20 particular code? Or are you fixing to appoint them? 21 MR. LAVENDER: The appointment and approval is 22 under 86.011 of the Local Government Code. 23 COMMISSIONER BALDWIN: So we're going to vote on 24 appointing them? 25 MR. LAVENDER: Yes. And in the backup letter -- 2-25-13 61 1 COMMISSIONER BALDWIN: I do second that. 2 JUDGE TINLEY: Yeah. Okay, we have a motion and a 3 second. Now, any further question or discussion on the 4 motion? All in favor, signify by raising your right hand. 5 (The motion carried by unanimous vote.) 6 JUDGE TINLEY: All opposed, same sign. 7 (No response.) 8 JUDGE TINLEY: Motion carries. Thank you, sir. 9 Let's go to Item Number 8; consider, discuss, and take 10 appropriate action on resolution opposing the passage of 11 House Bill 958, which proposes to reduce interest crediting 12 rate on all T.C.D.R.S. funds from 7 percent to 5 percent. 13 I put this on the agenda. It was brought to my attention 14 from TAC and other counties that -- I skipped Item 7, didn't 15 I, Tim? We'll come back to it. I put this on the agenda -- 16 I'm a little curious as to why Representative Orr, -- 17 COMMISSIONER BALDWIN: No kidding. 18 JUDGE TINLEY: -- who was not asked by anybody, as 19 far as I can tell, to file this bill, would meddle in the 20 T.C.D.R.S. retirement system, which is controlled locally by 21 each member entity. 22 COMMISSIONER BALDWIN: Not one state dollar goes 23 into this thing. 24 JUDGE TINLEY: No. No, it has nothing to do with 25 any state retirement fund. Maybe we should suggest to 2-25-13 62 1 Representative Orr that he file a bill to remove the 2 legislators from the judicial retirement, and see how he gets 3 that reception. That would be pretty smooth, wouldn't it? 4 COMMISSIONER BALDWIN: Do you want to add that to 5 there? And I would like to add, "Mind your own business" 6 part of it. So -- 7 JUDGE TINLEY: Well -- 8 COMMISSIONER BALDWIN: This is a good resolution, 9 though. This is a good one; I like it. 10 JUDGE TINLEY: I'm just really, really concerned as 11 to how Representative Orr decided to inject himself into our 12 business. If he doesn't have enough to do on behalf of the 13 state over there, maybe he ought to go home. 14 COMMISSIONER BALDWIN: I agree. 15 COMMISSIONER LETZ: Move approval. 16 COMMISSIONER BALDWIN: Second. 17 COMMISSIONER OEHLER: Second. 18 JUDGE TINLEY: Motion made and seconded for 19 approval. 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 back to 7; 25 consider, discuss, and take appropriate action regarding 2-25-13 63 1 security lighting on the outside of the building at the Hill 2 Country Youth Event Center. 3 MR. BOLLIER: Yes, sir. What we're -- what I'm 4 asking here is that I would like to have some lights between 5 -- on that fence line between us and River Star. And then I 6 would like to have some more lighting in the front of the 7 building. Sure is awful dark back there at night when we 8 have night events, like quinceańeras; you can't see anything. 9 You can't see anything in the front parking lot either. 10 COMMISSIONER BALDWIN: Is the Riverside -- is that 11 the front? 12 COMMISSIONER OEHLER: River Star. 13 MR. BOLLIER: River Star. 14 COMMISSIONER OEHLER: Over on the west side. 15 COMMISSIONER BALDWIN: We want lights there, but 16 you said you wanted lights on the front. Where's the front? 17 MR. BOLLIER: The front is the highway side. 18 COMMISSIONER BALDWIN: So, highway side. 19 MR. BOLLIER: North side. 20 COMMISSIONER OEHLER: We have had problems in the 21 past with burglaries and things and break-ins of vehicles, 22 and plus it's just dark out there; it's not very safe. 23 COMMISSIONER BALDWIN: Oh, yeah, sure. 24 COMMISSIONER OEHLER: Kind of getting to the point 25 where I'd like the see him go out and -- and get some numbers 2-25-13 64 1 for doing this, see if we can afford to have it done. But it 2 needs to be considered, especially now that we have a bigger 3 -- bigger parking area that we know is going to be used. And 4 it's just -- it's mainly for safety purposes. 5 COMMISSIONER MOSER: So, there is lights all around 6 -- all the way around the building? Or -- 7 MAYOR PRATT: Well, we really don't -- on the east 8 side of the building, we have the rodeo arena, so if we need 9 lights over there, we go turn on the rodeo arena lights. 10 COMMISSIONER MOSER: So this is on the front of the 11 building, on the north side? 12 MR. BOLLIER: Be on the north side and the west 13 side. 14 COMMISSIONER MOSER: North and west. 15 MR. BOLLIER: Yes, sir. 16 COMMISSIONER MOSER: And any idea what it costs? 17 MR. BOLLIER: No, sir, I don't have a clue. 18 JUDGE TINLEY: Step one would be getting some 19 proposals on it. 20 MR. BOLLIER: Yes, sir. 21 JUDGE TINLEY: Correct? 22 MR. BOLLIER: Yes, sir. 23 JUDGE TINLEY: And that's really what we're talking 24 about today. 25 MR. BOLLIER: Yes, sir. 2-25-13 65 1 JUDGE TINLEY: Turning you loose to go -- 2 MR. BOLLIER: Yes, sir. 3 JUDGE TINLEY: -- get that information. 4 MR. BOLLIER: I just want to get permission to get 5 some bids in on this thing, on this idea, and see what we 6 come up with, see if we can afford to do it. 7 COMMISSIONER MOSER: In a case like this, does Tim 8 need a court order to go out and get bids? 9 COMMISSIONER BALDWIN: Not really. 10 MR. BOLLIER: Not really. 11 COMMISSIONER MOSER: Can't he just do that? 12 COMMISSIONER LETZ: He could, but I think probably 13 just so we wouldn't say, "What the heck are you doing?" 14 MR. BOLLIER: I like to leave you guys all in the 15 loop. 16 COMMISSIONER OEHLER: So he wouldn't get chastised 17 for doing something wrong. 18 COMMISSIONER MOSER: All right. 19 COMMISSIONER BALDWIN: Second. 20 COMMISSIONER LETZ: So moved. 21 JUDGE TINLEY: I have a motion and a second for 22 approval of the agenda item, to authorize the Maintenance 23 Supervisor to go gather information and cost estimates to 24 accomplish the lighting. Question or discussion? 25 COMMISSIONER LETZ: Yeah, question -- or comment. 2-25-13 66 1 Something needs to be done. Who's the person -- the contact 2 person or the -- whatever at the River Star nowadays? I 3 mean, if we're going to do the security lighting between 4 those facilities, I'd like to, you know, visit with them as 5 to what their plans are. You know, do they have a spot we 6 can put the lights? You know, just to try to get them 7 involved, because they are going to be using that parking 8 lot, maybe using the -- as I understand it, for the arts and 9 crafts show, maybe using the show barn. So, I mean, kind of 10 what -- where they're going, plans -- what their plan is. I 11 mean, and maybe we ought to -- 12 COMMISSIONER OEHLER: I don't really know who it 13 is. 14 COMMISSIONER LETZ: Is Peter Lewis still -- 15 JUDGE TINLEY: Peter Lewis has been involved on 16 that board. 17 COMMISSIONER LETZ: I was going to say, we can 18 track that down and have that person come before us, and 19 maybe at our next meeting. 20 COMMISSIONER MOSER: Or when Tim comes back with 21 the -- with the quote. 22 COMMISSIONER LETZ: We can give them their share of 23 the bill. 24 MR. HENNEKE: Commissioner, Mark Haufler's the 25 president. 2-25-13 67 1 COMMISSIONER LETZ: Mark is? Okay. Just -- I'd 2 like to have a conversation with him, just to find out, you 3 know, if they're planning to use the show barn or not. I 4 heard rumors that they were at one point. You know, 5 lighting, what our renovations are doing to their plans would 6 be helpful. 7 MR. BOLLIER: I don't think they've done a whole 8 lot over there at all the last few months. 9 COMMISSIONER LETZ: Okay. 10 JUDGE TINLEY: Any other questions or comments? 11 All in favor, signify by raising your right hand. 12 (The motion carried by unanimous vote.) 13 JUDGE TINLEY: Did you vote? 14 COMMISSIONER MOSER: Yep, I did. 15 JUDGE TINLEY: All opposed, same sign. 16 (No response.) 17 JUDGE TINLEY: Motion carries. 18 MR. BOLLIER: Thank you very much. 19 JUDGE TINLEY: Okay. Let's get to Item 9; to 20 consider, discuss, take appropriate action on final payment 21 to Journeyman Construction for the show barn at the Hill 22 Country Youth Event Center. I put this on. The retainage is 23 now due, and so far as I know, we've not gotten any -- any 24 further notice regarding contractor material, subcontractor 25 claims, or anything of that nature. The architect has 2-25-13 68 1 certified the matter's in line for payment in the amount of 2 the retainage, which is $170,000 -- $170,433.69 -- 3 COMMISSIONER BALDWIN: 64. 4 JUDGE TINLEY: 64 cents. 5 COMMISSIONER LETZ: I move we pay Journeyman the 6 retainage. 7 COMMISSIONER OEHLER: I second it. 8 JUDGE TINLEY: Motion made and seconded as 9 indicated. Question or discussion? All in favor, signify by 10 raising your right hand. 11 (The motion carried by unanimous vote.) 12 JUDGE TINLEY: All opposed, same sign. 13 (No response.) 14 JUDGE TINLEY: Motion carries. Let's go to Item 15 11; to consider, discuss, take appropriate action to approve 16 and authorize execution of professional engineering services 17 agreement with Tetra Tech, Inc., in connection with Phase 5 18 of Kerrville South wastewater project. Mr. Henneke? 19 MR. HENNEKE: Not sure that this is my agenda item, 20 gentlemen, but I put it on to move forward. This is the 21 engineering agreement with Tetra Tech for Phase 5 of the 22 Kerrville South wastewater project. The only thing I'd 23 note -- and I e-mailed Commissioners Baldwin and Moser on 24 this issue. The only thing I'd point out that wasn't 25 accepted by Tetra Tech, as far as any proposed revisions, was 2-25-13 69 1 Paragraph 7.5 limits their liability under this agreement to 2 -- or at least attempts to limit their liability to the 3 amount that they're paid, and that's how they have their 4 contracts set up. But worst case scenario, if they made a 5 mistake and it cost more than what they were paid, they could 6 claim that their liability would be capped at only what they 7 had received in compensation. Now, this is the same 8 provision that's been included in the other prior Tetra Tech 9 agreements. I was asked why it hadn't come up before, and I 10 guess my answer was I hadn't -- hadn't noticed it, or 11 hadn't -- hadn't raised that issue. But we've had good 12 success with Tetra Tech. And other than that, the rest of 13 the agreement I've -- I've reviewed, and it looks fine to me. 14 COMMISSIONER MOSER: Now -- oh, go ahead, I'm 15 sorry. 16 COMMISSIONER BALDWIN: No, you go. 17 COMMISSIONER MOSER: The -- just knowing about the 18 discussion with you and Tetra Tech, is this -- is this going 19 to be a showstopper? 20 MR. HENNEKE: For them it is. 21 COMMISSIONER MOSER: Huh? 22 MR. HENNEKE: For them it is. 23 COMMISSIONER MOSER: For them, it's going to be a 24 showstopper. They can't -- so it's going to bring this thing 25 to a halt. We've done it in the past, and -- and why don't 2-25-13 70 1 you state why they think that this is a problem for them? 2 Some big corporate thing or something, as I recall. 3 MR. HENNEKE: It's in -- this is a small project 4 for them. I think the fee is $40,000. 5 COMMISSIONER MOSER: Yeah. 6 MR. HENNEKE: And -- and how much it costs for 7 their -- you know, their E & O insurance and their 8 deductibles, and looking at the risk associated, as it was 9 explained to me, if there wasn't this limit, that this 10 wouldn't be a profitable project for them to do, with the 11 cost of, you know, the deductible on the insurance policy 12 and -- 13 COMMISSIONER MOSER: So, do you have any feel for 14 where this is going to be? You're going to say we need it, 15 and they're going to say we can't do it, so -- 16 MR. HENNEKE: Well, it's -- we have a long-term 17 relationship with Tetra Tech. They've done good work for us. 18 To my knowledge, we've never had any issues. You know, it's 19 not my -- my role to make a decision on it. There's just 20 this issue in the agreement, so I'm bringing it to your 21 attention, and if the Commissioners Court proceeds forward 22 and continues our relationship with Tetra Tech, which history 23 has not given us any reason to think otherwise, we should 24 just go forth knowing that, you know, this provision was -- 25 was put in there, and that's in the agreement. Now, part of 2-25-13 71 1 the comfort level is in selecting a professional service 2 provider that we know does quality work, and that we can 3 trust in their work. 4 COMMISSIONER BALDWIN: We've had -- we've used them 5 through numerous projects. 6 MR. HENNEKE: Exactly. 7 COMMISSIONER BALDWIN: Numerous years, numerous 8 millions of dollars, and they have always, to me, been way 9 above board and honorable, and -- 10 MR. HENNEKE: I don't disagree at all. 11 COMMISSIONER MOSER: I think -- 12 COMMISSIONER BALDWIN: -- and I can't imagine doing 13 anything different. 14 COMMISSIONER MOSER: I think what they're doing at 15 Center Point, I would agree with Commissioner Baldwin that 16 they're doing an exemplary job. I think, you know, this 17 corporation's -- what do they have, 30,000 people at Tetra 18 Tech? I think it's some of their corporate policies and 19 things that's causing us a problem. I'm with Buster. I 20 don't -- I don't have a problem with the way we've been doing 21 business. 22 COMMISSIONER LETZ: I agree, I don't have a problem 23 with going forward with it. I mean, as I'm looking at this, 24 the limit of liability is on their engineering, which is 25 pretty much minimal. It's not on the construction. I think 2-25-13 72 1 the liability comes in on the construction side, and the 2 construction isn't covered under this. This is just 3 engineering services. 4 MR. HENNEKE: Well, for all claims, losses, 5 damages, and expenses resulting in any way from the 6 performance of the services. 7 COMMISSIONER LETZ: Right, but their services are 8 engineering. 9 COMMISSIONER MOSER: Engineering. 10 COMMISSIONER OEHLER: They're limited services. 11 COMMISSIONER LETZ: They're not doing the 12 construction. They're going to have a -- 13 MR. HENNEKE: The construction is based on their 14 engineering. 15 COMMISSIONER LETZ: Right. 16 COMMISSIONER MOSER: Right. 17 COMMISSIONER OEHLER: If they make a mistake on 18 engineering, it's going to affect the construction. 19 MR. HENNEKE: There's the possible concern. 20 JUDGE TINLEY: Yeah. Did you have an opportunity 21 to review -- I know there were a number of other proposers 22 that may have been on the Center Point project. I may be 23 getting that confused. 24 MS. HARGIS: Yes. 25 JUDGE TINLEY: But is this -- on smaller jobs, is 2-25-13 73 1 this seemingly a -- a normal limitation of liability? 2 MR. HENNEKE: I don't know. I don't know what the 3 industry standard is, and I haven't looked at the EDAP -- the 4 East Kerr wastewater agreements. I believe that this 5 provision has been consistent in the agreements the County 6 has executed for the Kerrville South project. This is 7 Phase 5, -- 8 JUDGE TINLEY: Five, yeah. 9 MR. HENNEKE: -- I believe, and each phase has -- 10 has required new -- new agreements. But I don't know what 11 other firms do or don't do, Judge. 12 JUDGE TINLEY: Okay. 13 COMMISSIONER BALDWIN: I do have one question. On 14 the -- the agreement on the witness part there at the top, it 15 lists -- it says, "...handle the additional households, 16 including work on Quail Valley Drive, Ranchero Road, and Sand 17 Bend Road." I'm not familiar with Sand Bend Road. 18 COMMISSIONER MOSER: Sand Bend? It's in Riverhill. 19 It's just a line size issue. The line needs to be increased 20 in diameter. 21 COMMISSIONER BALDWIN: Okay. 22 COMMISSIONER MOSER: Yeah. 23 COMMISSIONER BALDWIN: I thought Sand Bend is down 24 there where the -- right to the -- 25 JUDGE TINLEY: Where the casitas are. 2-25-13 74 1 COMMISSIONER BALDWIN: Yeah, where the casitas are, 2 exactly. 3 COMMISSIONER MOSER: Right. 4 COMMISSIONER BALDWIN: I didn't know we were going 5 down that far. Very good. I'm happy with it. 6 COMMISSIONER LETZ: Somebody make a motion? 7 COMMISSIONER BALDWIN: I move for approval. 8 COMMISSIONER MOSER: And "approval" is to accept 9 what? 10 COMMISSIONER BALDWIN: The agenda item. Approve 11 the authorization/execution of professional engineering 12 services -- 13 COMMISSIONER MOSER: Okay. 14 COMMISSIONER BALDWIN: -- agreement with Tetra 15 Tech. 16 COMMISSIONER MOSER: I'll second that. 17 JUDGE TINLEY: Motion made and seconded as 18 indicated. Question or discussion? All in favor, signify by 19 raising your right hand. 20 (The motion carried by unanimous vote.) 21 JUDGE TINLEY: All opposed, same sign. 22 (No response.) 23 JUDGE TINLEY: Motion does carry. Let's go ahead 24 and take Item 13 up before we take a break. We have the 25 Chamber people here. Consider, discuss, take appropriate 2-25-13 75 1 action to approve agreement with Kerrville Area Chamber of 2 Commerce for use of Flat Rock Lake Park for Easter Fest 3 event. Mr. Henneke? You and Mr. Harold Dean have got this 4 all figured out, huh? 5 MR. DEAN: Judge, I don't know if we have it all 6 figured out, but we're working on it. Let me give you a 7 flyer here. 8 JUDGE TINLEY: I've been told to take a fyier 9 before. (Laughter.) 10 MR. DEAN: This is the fifth year, it looks like, 11 for the "Here's to the Heroes" Easter Festival. So, there'll 12 be -- as you can see on the sheet there, that we -- there 13 will be chili and barbecue sanctioned cook-offs. There'll be 14 an Easter egg hunt for the kids. There'll be other 15 activities, such as washer pitching, arts and crafts. Those 16 will be the most popular activities that will be out there. 17 And it'll be on Saturday, March the 30th. Setup for some of 18 the cookers will be on Friday, getting ready for their -- 19 their entries. So, the request is to use the park for these 20 activities to continue the Easter Fest. 21 COMMISSIONER LETZ: Do we have an agreement with 22 y'all? I think we talked about that before. 23 MR. HENNEKE: We did an agreement for KerrFest last 24 year, which is the rodeo/chili cook-off event. Probably, we 25 need to do another one. That was in August, and is now in 2-25-13 76 1 May. So, last year, the Easter Fest was just a series of 2 Commissioners Court orders. We kept coming back, coming 3 back, and I used the KerrFest agreement as a template, and 4 then put into this agreement what the Court ordered as the 5 various conditions, such as security, exclusive use of the 6 park, provision of alcohol, into this Easter Fest agreement. 7 COMMISSIONER LETZ: So, it's basically -- you just 8 made a -- what he said, a template. Okay. I have no 9 problem. 10 MR. HENNEKE: Allows camping overnight, which we 11 usually don't do. Requires that any alcohol to be served be 12 done in accordance with state law and T.A.B.C., you know, 13 requirements. 14 COMMISSIONER MOSER: And security for -- remind me 15 what the deal is on security. 16 MR. HENNEKE: There's one office -- well, the 17 schedule in there, there's one officer on Friday, one officer 18 Saturday morning from 7:00 -- 7:00 to 10:00, 7:00 to 11:00, 19 and then when the event opens to the public from 10:00 to 20 6:00, there would be three officers during that duration, all 21 commissioned, off-duty peace officers that the Chamber would 22 be responsible for separately hiring and contracting with. 23 COMMISSIONER MOSER: Okay. 24 JUDGE TINLEY: The proposal is that this rental 25 agreement that you've worked up -- I assume everybody's had 2-25-13 77 1 an opportunity to look at it. That -- that's what we enter 2 into for this particular event? 3 MR. HENNEKE: Yes, sir. That's consistent with 4 what the Court did last year. 5 JUDGE TINLEY: Okay. 6 MR. HENNEKE: And it -- I wrote it, and I would 7 approve it, and the Chamber has also reviewed it and said 8 that they agree with those terms. 9 COMMISSIONER LETZ: I move approval. 10 COMMISSIONER BALDWIN: Second. 11 JUDGE TINLEY: Motion made and seconded for 12 approval. Question or discussion? 13 COMMISSIONER BALDWIN: I have -- I want to make a 14 comment, Harold. 15 MR. DEAN: Yeah. 16 COMMISSIONER BALDWIN: I bring this up every time 17 folks come in here with these kind of issues. Local music 18 artists. 19 MR. DEAN: Right. 20 COMMISSIONER BALDWIN: There is a gentleman out at 21 Hunt -- lives in Hunt, that this May will go into the Western 22 Swing Hall of Fame with Bob Wills and Asleep at the Wheel, 23 and he's the guy that I always have in my mind when I ask you 24 guys if y'all are going to use local. I mean, he's a giant. 25 MR. DEAN: What is his name? 2-25-13 78 1 COMMISSIONER BALDWIN: His name is Junior Pruneda, 2 and he's just the best; that's all there is to it. And 3 unbelievable. He's played with so many different top music 4 folks. 5 JUDGE TINLEY: Ernest Tubbs for a number of years. 6 COMMISSIONER BALDWIN: Ernest Tubbs for 15 years, 7 Bob Wills, John Lee Wills. 8 MR. DEAN: I'll contact him. 9 COMMISSIONER BALDWIN: All of them. And, hell, I 10 never see Junior at these things. I just don't understand 11 why you don't do that. 12 COMMISSIONER OEHLER: He finally started singing, I 13 think, didn't he? They finally let him. 14 MR. DEAN: I'll certainly contact him. 15 COMMISSIONER BALDWIN: I appreciate it. Thank you 16 very much. That's all I'm looking for. 17 COMMISSIONER LETZ: Judge, to clarify, let me just 18 make a -- my motion is to approve the agreement as presented, 19 and for the use of Flat Rock Park for KerrFest. March 30th? 20 MR. DEAN: Easter Fest. 21 COMMISSIONER OEHLER: Easter Fest. 22 COMMISSIONER LETZ: I'm sorry, Saturday, March 23 30th. Let's be clear on this motion. 24 MR. HENNEKE: Friday and Saturday. 25 JUDGE TINLEY: Well, setup, I think, the day 2-25-13 79 1 before. 2 COMMISSIONER LETZ: Okay. 3 MR. DEAN: Right. 4 COMMISSIONER LETZ: So, setup will be allowed on 5 the 29th. 6 COMMISSIONER OEHLER: Second. 7 JUDGE TINLEY: Okay. Any further question or 8 discussion on the notion? 9 COMMISSIONER OEHLER: I just hope that Buster's not 10 the Easter Bunny this year. (Laughter.) 11 JUDGE TINLEY: That's two of us. 12 COMMISSIONER MOSER: Second. 13 COMMISSIONER BALDWIN: With a pink suit. 14 JUDGE TINLEY: All in favor, signify by raising 15 your right hand. 16 (The motion carried by unanimous vote.) 17 JUDGE TINLEY: All opposed, same sign. 18 (No response.) 19 JUDGE TINLEY: Motion carries. 20 MR. HENNEKE: Judge, can I get you to call 16 just 21 real quick? It won't take 20 seconds. 22 JUDGE TINLEY: You want to run away somewhere? 23 MR. HENNEKE: Well, I'm trying to get a call in 24 before 11:00. 25 JUDGE TINLEY: Okay. Let's do Item 16 before we 2-25-13 80 1 take a recess. Consider, discuss, take appropriate action to 2 authorize execution of engagement letter with the law firm of 3 Denton, Navarro, Rocha and Bernal. 4 MR. HENNEKE: I'm looking for outside counsel 5 assistance on an employment issue. This is an engagement 6 letter with a firm. I've got funds in my budget, and would 7 ask the Court to approve it so I can just get a little advice 8 on a pending issue. 9 JUDGE TINLEY: Employment issues? 10 MR. HENNEKE: Yes, sir. 11 JUDGE TINLEY: Okay. 12 COMMISSIONER LETZ: Move approval. 13 COMMISSIONER OEHLER: Second. 14 JUDGE TINLEY: Motion made and seconded for 15 approval of the agenda item. Question or discussion? 16 COMMISSIONER BALDWIN: Employment issues in your 17 office, or county-wide? 18 MR. HENNEKE: Not -- 19 COMMISSIONER BALDWIN: Policy-type things? 20 MR. HENNEKE: Not in my office. 21 COMMISSIONER BALDWIN: Okay, that's all. 22 JUDGE TINLEY: Other questions or discussion? All 23 in favor, signify by raising your right hand. 24 (The motion carried by unanimous vote.) 25 JUDGE TINLEY: All opposed, same sign. 2-25-13 81 1 (No response.) 2 JUDGE TINLEY: Motion does carry. Okay. Now let's 3 take about a 15-, 20-minute recess. 4 (Recess taken from 10:40 a.m. to 11:10 a.m.) 5 - - - - - - - - - - 6 JUDGE TINLEY: Okay, let's come back to order, if 7 we might, from our recess. Item 14; to consider, discuss, 8 take appropriate action on sealcoat for the event center 9 parking lot. Commissioner Oehler? 10 COMMISSIONER OEHLER: Well, Leonard and Kelly put 11 together this price of all the materials to do the whole -- 12 the whole thing out there, if that's what we wanted to do. 13 But I don't -- you know, I wouldn't recommend doing the whole 14 thing. That would include the existing already sealcoated 15 spaces. But I do think that we ought to consider getting all 16 the rock paid for before our next bids come in that we 17 authorized this morning, because we know they're going to be 18 higher, and we can store the rock. We can't store the oil, 19 but, I mean, at least we'd have something at a lesser price 20 than what it would be next year. And -- and do just the 21 parts that have been based out, all the new area, and the 22 area behind the old -- the new and the old existing indoor 23 arena. 24 COMMISSIONER BALDWIN: Buy rock for the entire 25 thing, and just do part of it now? 2-25-13 82 1 COMMISSIONER OEHLER: Just do that part that we've 2 just based out for the parking lot. 3 COMMISSIONER BALDWIN: I like the plan, myself. 4 COMMISSIONER OEHLER: Now, that's -- if we don't go 5 ahead and do that, they can't do it right now, they can go 6 ahead and order the rock so that it comes in at this year's 7 price. 8 JUDGE TINLEY: And deliver it on site so we don't 9 have to move it twice. 10 COMMISSIONER OEHLER: On site where we don't have 11 to move it around twice. Just have to load it and put it 12 down. But I think, you know, there's a lot of good reasons 13 for doing that, and one is that, you know, it's dusty, and if 14 we do get rain, then we'll have that stuff wash off down to 15 the river. U.G.R.A. will get their panties in a wad; then 16 we'll have to go dig it out and all that sort of thing. 17 COMMISSIONER LETZ: You said that right at the 18 wrong time, right when Zeke walked in. It's been a slow news 19 day. 20 COMMISSIONER OEHLER: But, anyway, that's -- you 21 know, we'll eliminate the washing and the erosion, and also 22 all the labor, the equipment time it takes to keep that thing 23 in shape. 24 JUDGE TINLEY: Keep it dressed up before you do 25 shoot it. 2-25-13 83 1 COMMISSIONER OEHLER: And also just the dust factor 2 and everything else that goes with it. My recommendation 3 would be that we do -- do all the rock, and pave the portion 4 that is just freshly based and all those areas. 5 COMMISSIONER MOSER: Was all that included in the 6 original plan? 7 COMMISSIONER OEHLER: No, this -- no, this wasn't. 8 COMMISSIONER LETZ: It was in the plan. It wasn't 9 in the budget. 10 COMMISSIONER OEHLER: Wasn't in the budget. 11 COMMISSIONER LETZ: Obviously, redoing the parking 12 lot -- redoing the building, the parking goes with it. We've 13 done -- 14 COMMISSIONER OEHLER: Well, it wasn't part of the 15 contract. 16 COMMISSIONER LETZ: No, it wasn't part of the 17 contract. 18 COMMISSIONER OEHLER: The County's to do all the 19 work, like what was done on all the site work. 20 COMMISSIONER MOSER: So, let me understand. This 21 is -- this is to the west side? 22 COMMISSIONER OEHLER: West and south. 23 COMMISSIONER MOSER: West and south. 24 COMMISSIONER OEHLER: South side and the west side, 25 the new stuff. 2-25-13 84 1 COMMISSIONER MOSER: Okay. Where it was all -- 2 COMMISSIONER OEHLER: All torn up. 3 COMMISSIONER MOSER: -- torn up during the 4 construction. 5 COMMISSIONER OEHLER: Right. 6 COMMISSIONER MOSER: And everything else. 7 COMMISSIONER OEHLER: And all that -- you know, 8 that was all paid for out of -- out of capital funds. 9 COMMISSIONER MOSER: Right. And does it come out 10 of capital funds? 11 COMMISSIONER OEHLER: This would come out of the 12 capital funds. 13 COMMISSIONER MOSER: Out of capital funds. 14 COMMISSIONER OEHLER: The balance, I think 15 everybody got a -- 16 COMMISSIONER MOSER: 108,000? 17 COMMISSIONER OEHLER: 185,000, almost 186,000. And 18 the 108 would be for the total, all the way around the 19 building, double sealed. So we ought to be able to get by 20 with the 37,000 for the rock, and probably another -- I'm 21 going to say maybe 25 for the oil. 22 COMMISSIONER MOSER: So you're saying all the way 23 around the entire building complex. 24 COMMISSIONER OEHLER: On this price. 25 COMMISSIONER MOSER: Okay. 2-25-13 85 1 COMMISSIONER OEHLER: On the total 108, if we 2 double-shot everything. But just doing the west and the 3 south -- 4 COMMISSIONER MOSER: Okay. 5 COMMISSIONER LETZ: -- is about half. 6 COMMISSIONER MOSER: Okay. Okay, got you. 7 COMMISSIONER OEHLER: Maybe a little over half. 8 JUDGE TINLEY: And that's what you're recommending, 9 the area that's -- where the base has been laid and it's 10 compacted and all the drainage -- 11 COMMISSIONER MOSER: Yeah. 12 JUDGE TINLEY: -- is in place, and that portion 13 which is not presently sealcoated? 14 COMMISSIONER OEHLER: That's correct. And it's -- 15 I think that they could go ahead and get the rock in, and 16 then whenever the weather warms up or the ground warms up, 17 they can go ahead and do it. They can order the oil, but 18 they can't store it; it has to be used whenever they bring it 19 in. And we don't know what the oil price is going to be, but 20 they did inflate this a little bit. Oh, we know it's going 21 up. So is the -- so is the rock, and the delivery on the 22 rock. 23 COMMISSIONER MOSER: Oh, yeah. 24 COMMISSIONER BALDWIN: Where do they get the rock 25 now? Down in Uvalde somewhere? 2-25-13 86 1 COMMISSIONER OEHLER: I think it's Vulcan. 2 COMMISSIONER LETZ: Vulcan. 3 COMMISSIONER BALDWIN: Vulcan on the way to Uvalde. 4 COMMISSIONER OEHLER: This stuff is 135 bucks a ton 5 now, delivered. 6 COMMISSIONER MOSER: Is that the basalt? 7 COMMISSIONER LETZ: That black rock. 8 COMMISSIONER OEHLER: That black trap rock, Grade 3 9 and 5. 10 COMMISSIONER MOSER: Trap rock. 11 COMMISSIONER OEHLER: But, anyway, I would hope 12 that we could do that, and that'll leave us some money to put 13 into Phase 2. 14 COMMISSIONER BALDWIN: I agree with you. I'll 15 second it. 16 COMMISSIONER LETZ: I think the area is -- we 17 definitely need to do it with areas that are based, because 18 that's going to -- 19 COMMISSIONER MOSER: Right. 20 COMMISSIONER LETZ: For other events coming up. 21 You'll start going backwards if you don't. 22 COMMISSIONER MOSER: Have to redo it. 23 COMMISSIONER LETZ: Yeah. 24 COMMISSIONER OEHLER: We got it in good shape. 25 COMMISSIONER LETZ: I guess the only other question 2-25-13 87 1 I have is, I mean, a little bit on the -- the value of the 2 money. I mean, I know we'll need the rock at some point, but 3 does it make sense really to haul in what you don't need and 4 store it for redoing it into the future? 5 COMMISSIONER OEHLER: I don't think it really 6 matters. We can put it over there in the corner in the polo 7 field somewhere where it's out of the way. 8 COMMISSIONER LETZ: Except you're going to end up 9 losing a percentage of it. 10 COMMISSIONER OEHLER: You're going to lose some 11 anyway. 12 COMMISSIONER LETZ: I just -- 13 COMMISSIONER OEHLER: That's already figured. They 14 figured a 3 percent loss. 15 COMMISSIONER LETZ: I guess they think price is 16 going to jump a whole lot. Word on the trap rock, it's going 17 jump substantially. 18 COMMISSIONER OEHLER: Mainly because of fuel 19 prices. 20 COMMISSIONER MOSER: Transportation. 21 COMMISSIONER OEHLER: Transportation cost. 22 COMMISSIONER LETZ: But all costs can go back down. 23 Fuel costs are peaking right now. They're going to come down 24 in the summer. 25 COMMISSIONER OEHLER: Yeah. 2-25-13 88 1 COMMISSIONER MOSER: That's true. 2 COMMISSIONER LETZ: Or diesel price is going to 3 come down. Whether or not transportation -- a lot of times 4 they won't back those off. So, it just -- I mean, if there's 5 a -- if we have reason to believe that the cost of trap 6 rock's going to go up substantially, it makes sense to buy 7 it. But I just don't know why we'd want to store a bunch of 8 rock out here when they're not that far -- 9 COMMISSIONER OEHLER: It's not all that much rock, 10 really. 11 JUDGE TINLEY: Well, if we don't use it there, 12 we'll have -- there'll be other places to use it. 13 COMMISSIONER LETZ: We'll use it, but then we have 14 to pick it up and haul it -- to Lane Valley. (Laughter.) 15 COMMISSIONER OEHLER: No, no, no, no. But you're 16 only talking about 1,079 tons, is what you're talking about, 17 so if you use almost two-thirds of it, there's not going to 18 be much pile left. 19 COMMISSIONER LETZ: Right. Okay. All right, I'll 20 go along with it. 21 COMMISSIONER OEHLER: The deal that I would propose 22 that we would -- or I'd make a motion that we authorize the 23 amount of money to pay for all the trap rock for the parking 24 lot sealcoat at the youth event center, and that we also 25 authorize to do the amount that is unfinished -- you know, 2-25-13 89 1 freshly based, and not do any of the presently sealcoated 2 areas. 3 COMMISSIONER LETZ: Second. 4 JUDGE TINLEY: I have a motion and a second as 5 indicated. That's for Road and Bridge to do all that? 6 COMMISSIONER OEHLER: Yeah. 7 JUDGE TINLEY: Okay. Any question or discussion on 8 that motion? All in favor, signify by raising your right 9 hand. 10 (The motion carried by unanimous vote.) 11 JUDGE TINLEY: All opposed, same sign. 12 (No response.) 13 JUDGE TINLEY: Motion carries. Let's get to our 14 11:15 timed item. Number 15, consider, discuss, and take 15 appropriate action on a resolution declaring March as Red 16 Cross Month, and request from the Red Cross to fly their flag 17 at the courthouse. Ms. Vandenberg is here from our local Red 18 Cross, and she is the one that asked that this be placed on 19 the agenda and put before the court today. Come on up. 20 MS. VANDENBERG: I've never done this before. 21 Okay. March is Red Cross Month. It is actually declared so 22 across the country. I know we've talked about it here in 23 Kerr County for a while, but we haven't really done anything 24 to make that -- that awareness more complete. So, our 25 efforts this year are to try and get Red Cross flags flown in 2-25-13 90 1 very visible places to signify that it is Red Cross Month, 2 and that people are aware of our local presence and what we 3 do in this community. The stuff that is big you always hear 4 about that the Red Cross does. Super Storm Sandy is a 5 perfect example. Everyone was aware that the Red Cross was 6 very involved. Last week, we were out on Tomahawk Trail 7 helping a family of two out there. That's the kind of stuff 8 that we do 365 days a year, 24 hours a day, working with 9 everybody. In addition to that, we provide mobile feeding 10 for our fire departments and emergency personnel when they're 11 out there fighting fires, and we do a lot with the veterans 12 locally. So, we are asking for permission to fly the Red 13 Cross flag throughout the month of March, and in honor of 14 March is Red Cross Month. 15 COMMISSIONER MOSER: Who would object to that? 16 MS. VANDENBERG: Well, I don't think anyone should, 17 of course, but I need to ask permission. 18 JUDGE TINLEY: You can be the first. 19 COMMISSIONER MOSER: No. No, I'm just saying, is 20 there some underlying issue or something with flying it -- 21 MS. VANDENBERG: I don't think so. 22 COMMISSIONER MOSER: -- that anybody knows about? 23 MS. VANDENBERG: No. Our flag actually, for those 24 of you who don't know, is a reverse of the Swiss flag, which 25 symbolizes neutrality and service to all, so that's the Red 2-25-13 91 1 Cross on the white background. 2 COMMISSIONER MOSER: One other question not related 3 to anything about the flag, but how many -- how many 4 volunteers or whatever do you have in Kerr County for Red 5 Cross? 6 MS. VANDENBERG: In the eight counties we serve, we 7 have about 250, and I'm going to say over 200 to 225 live in 8 Kerr County. It's where our population is. 9 COMMISSIONER MOSER: Okay. 10 MS. VANDENBERG: Yeah. 11 COMMISSIONER BALDWIN: Back to flying the flag, 12 now, is -- are we talking about removing the American flag 13 and the Texas flag and putting the Red Cross flag up? 14 MS. VANDENBERG: No, I'm talking about adding the 15 Red Cross flag. 16 COMMISSIONER BALDWIN: So you'd have the American 17 flag, the Texas flag, and Red Cross. Now, is that -- what is 18 the protocol on -- on putting the flags -- 19 JUDGE TINLEY: You're going to put that Red Cross 20 flag below the other two. 21 COMMISSIONER BALDWIN: You can do that as long as 22 you have light on it at night. Everything's cool, okay. 23 JUDGE TINLEY: I think I'm waiting on a motion. 24 THE CLERK: Yes, sir. 25 JUDGE TINLEY: That's exactly what I'm doing. 2-25-13 92 1 COMMISSIONER BALDWIN: I move for approval of the 2 resolution declaring March 2013 as American Red Cross Month 3 in Kerr County, and allowing the Red Cross flag to fly on the 4 county flagpole on the front yard. 5 COMMISSIONER MOSER: I second it. 6 JUDGE TINLEY: Motion made and seconded. Question 7 or discussion? Never heard it referred to as the front yard, 8 but I suppose that's what it is. 9 COMMISSIONER BALDWIN: Well, you know, county 10 government is the front porch to all government. 11 JUDGE TINLEY: I thought Junction was the front 12 porch to west Texas. 13 COMMISSIONER BALDWIN: Junction stole that from me. 14 JUDGE TINLEY: I see. Well, excuse me. 15 COMMISSIONER BALDWIN: That's all right. 16 JUDGE TINLEY: Do we have any question or 17 discussion on the motion? All in favor of the motion, 18 signify by raising your right hand. 19 (The motion carried by unanimous vote.) 20 JUDGE TINLEY: All opposed, same sign. 21 (No response.) 22 JUDGE TINLEY: The motion does carry. Thank you, 23 ma'am. 24 MS. VANDENBERG: And this Friday we're having our 25 kickoff breakfast to announce March as Red Cross month. It 2-25-13 93 1 will be at Tucker Hall at 7:30 a.m. Y'all are invited. 2 JUDGE TINLEY: Buster wants to know what's going to 3 be -- 4 COMMISSIONER BALDWIN: What's the menu? 5 MS. VANDENBERG: We're having breakfast tacos, 6 fruit, yogurt, doughnuts, orange juice, and coffee. 7 COMMISSIONER MOSER: Doughnuts got his attention. 8 MS. VANDENBERG: Thank you so much. 9 JUDGE TINLEY: Thank you, ma'am. Okay. I think 10 it's time to move to Section 4 of the agenda, payment of the 11 bills. 12 COMMISSIONER BALDWIN: I move we pay the bills. 13 COMMISSIONER LETZ: Second. 14 JUDGE TINLEY: I have a motion and a second for 15 payment of the bills. Question or discussion? All in favor 16 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 carries. I don't believe we 21 have any budget amendments, do we? 22 MS. HARGIS: No. 23 JUDGE TINLEY: We've got a couple of -- 24 MS. HARGIS: Late bills. 25 JUDGE TINLEY: -- items for late bills, one dealing 2-25-13 94 1 with Environmental Services, $4,712.10. The other -- 2 MS. HARGIS: That's the Guadalupe Electric for the 3 finish of the AACOG building. 4 COMMISSIONER BALDWIN: AACOG building? 5 JUDGE TINLEY: You mean Alamo Colleges? 6 MS. HARGIS: Alamo Colleges. 7 COMMISSIONER MOSER: I was going to say -- 8 JUDGE TINLEY: Yeah. 9 COMMISSIONER LETZ: Move approval. 10 JUDGE TINLEY: And that's those three that are 11 listed on the other one? 12 MS. HARGIS: Yes. I do have a memo from Alamo 13 Colleges approving it. 14 JUDGE TINLEY: Okay. For a total of $2,992.50? 15 MS. HARGIS: Yes. 16 COMMISSIONER BALDWIN: Judge, is that -- that's our 17 share of the repair of that building? 18 MS. HARGIS: No, it's half. 19 JUDGE TINLEY: That's just our one-half portion? 20 MS. HARGIS: No, that's the whole. We'll have to 21 halve it. 22 JUDGE TINLEY: Yeah, we pay it -- 23 MS. HARGIS: We pay it, then we get reimbursed. 24 JUDGE TINLEY: We get reimbursed by the City for 25 half of it. So, the actual outlay will be half of that 2-25-13 95 1 2,900. 2 COMMISSIONER BALDWIN: That answers my question. 3 JUDGE TINLEY: Okay. 4 COMMISSIONER BALDWIN: Thank you. 5 JUDGE TINLEY: Do I hear a motion for approval of 6 the late bills? 7 COMMISSIONER BALDWIN: So moved. 8 COMMISSIONER LETZ: Second. 9 JUDGE TINLEY: Motion made and seconded for 10 approval of the late bills. Question or discussion? All in 11 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: That motion carries. I've been 16 presented with monthly reports from Kerr County Treasurer, 17 January 2013; Kerr County Treasurer, Page 4 revised for 18 December 2012; Constable, Precinct 3, for December 2012 and 19 January 2013. Do I hear a motion for the approval of those 20 reports as presented? 21 COMMISSIONER BALDWIN: So moved. 22 COMMISSIONER OEHLER: Second. 23 JUDGE TINLEY: Motion made and seconded for 24 approval of the indicated reports as presented. Question or 25 discussion? All in favor, signify by raising your right 2-25-13 96 1 hand. 2 (The motion carried by unanimous vote.) 3 JUDGE TINLEY: All opposed, same sign. 4 (No response.) 5 JUDGE TINLEY: The motion does carry. Okay, 6 reports from Commissioners in connection with their liaison 7 or committee assignments. Commissioner Baldwin? 8 COMMISSIONER BALDWIN: No, sir, I don't have 9 anything. I will next meeting, though. 10 JUDGE TINLEY: Is this fair warning? 11 COMMISSIONER BALDWIN: Yeah, it's fair warning. 12 And I know you're going to get excited, and palms sweaty and 13 all that, but maintain your composure for the next two weeks. 14 JUDGE TINLEY: Okay. Commissioner Moser? 15 COMMISSIONER MOSER: Yeah, a couple things on the 16 airport. Number one, I think I mentioned last month the 17 parking lot is finished. There are 13 vehicles out there. 18 It's generating revenue. And that parking lot, for the cost 19 of the materials -- the County contributed a lot, the City 20 contributed a lot of labor, but that should recapture all of 21 the out-of-pocket expenses, if you will, within a few years. 22 And after that, then it's going to be revenue that will be 23 going to the airport operations. 24 JUDGE TINLEY: Each of those spaces, I believe, was 25 $325 a year? 2-25-13 97 1 COMMISSIONER MOSER: I think 275. 2 JUDGE TINLEY: 275? 3 COMMISSIONER MOSER: I believe that's what it is, 4 275. And so all the vehicles are off the areas they 5 shouldn't be parked. They're out of the parking lot, and 6 it's a good deal. The other thing is, we've been talking 7 about other -- other revenue generation at the airport that 8 has to do with T-hangars. There's going to be a committee 9 meeting this week on Wednesday to get that thing off the dime 10 and moving. I think there's a plan which we'll bring back to 11 the Court and to the City Council saying, "Here's a plan; 12 here's where the money will come from. Here's a return on 13 investment." I think it's going to be a huge return on 14 investment. It'll be revenue-generating for -- we're going 15 to look at, like, eight T-hangars at a given location where 16 no infrastructure's required. That will come back, and I 17 think that's going to be very positive, 'cause that will let 18 us then say, "Yea, verily, we got the market; we got the 19 customers." Then we can move across the west side of the 20 airport, and if the investment looks like a good deal there, 21 we'll do it. 22 On investment, I think out of the Auditor's 23 report -- and Jeannie was there the other day -- I think 24 something that came out is very significant. In the last two 25 years, there's been five and a half million dollars of 2-25-13 98 1 capital improvements at the airport. It only cost the City 2 and the County $100,000 for five and a half million dollars 3 of capital improvements, so that, too, is a darned good 4 investment, if you will. Even though you don't see revenue 5 generating off of Texas trips, but the facility is moving 6 along well. And then with the addition of Alamo College out 7 there -- you were out there last week, Judge. I think 8 that -- that that asset continues to get even better. So, 9 that's all I have. 10 JUDGE TINLEY: Okay. Commissioner Letz? 11 COMMISSIONER LETZ: Just hold onto your hat. Air 12 winds gusts were 48 miles an hour a few minutes ago at the 13 airport. 14 COMMISSIONER MOSER: I couldn't open the door a 15 while ago. 16 COMMISSIONER LETZ: So -- and I know -- I know a 17 barn roof blew off in Center Point, so I suspect we'll have 18 quite a bit of that happening around the county. 19 JUDGE TINLEY: Wasn't Lackey's, was it? 20 COMMISSIONER LETZ: No, it wasn't Lackey's. He 21 already lost his. That's it. 22 JUDGE TINLEY: Commissioner Oehler? 23 COMMISSIONER OEHLER: A little bit about Animal 24 Control. I went out this last week and visited with -- with 25 Charity, and she is trying to do some things to get that 2-25-13 99 1 facility in shape. I think there's been some inspection 2 done, things that need to be addressed there. I think that 3 what we should do is give her a couple of months to get her 4 feet on the ground, and she's trying real hard, and I believe 5 that with some guidance from another one of our department 6 heads, that she has a good chance to become a pretty good 7 candidate for manager. And I think that's going to be our 8 best alternative in the end, with the help of Environmental 9 Health doing some of the -- the legal end of it, or the 10 citations or whatever, and the Sheriff. Of course, they all 11 work together anyway. But I think that she deserves a little 12 bit of a chance to have a -- have an opportunity to show what 13 she can do. And so I told her we'd evaluate in a couple of 14 months and then make a decision of what direction the Court 15 wanted to go. That's what I did last week with that 16 department. 17 JUDGE TINLEY: Okay. 18 COMMISSIONER OEHLER: And she has -- they have some 19 ventilation problems out there. The air conditioning unit's 20 not working properly. That's got to be fixed. Tim is on 21 that. Part of the problem with the smell in there has been 22 the fact that the ventilation system is undersized, and the 23 air conditioning system was undersized. So, that's all been 24 addressed, and it does already smell better out there. 25 They've done some pretty intense cleaning. So, there you 2-25-13 100 1 have it. 2 JUDGE TINLEY: Okay. Is that it? 3 COMMISSIONER OEHLER: That's it. 4 COMMISSIONER BALDWIN: Judge, I -- that triggered a 5 question that I had, and I forgot to look in the bills. And 6 I looked through here just now, and I couldn't find it 7 anywhere, the purchase of the new safe -- gun safe or safe 8 safe. 9 COMMISSIONER MOSER: Safe? 10 COMMISSIONER OEHLER: That was because one of the 11 things that -- that they found in violation was having some 12 of those guns, the .22's and dart guns and things, being able 13 to be locked. And that -- 14 COMMISSIONER BALDWIN: We should have done this a 15 long time ago. 16 COMMISSIONER OEHLER: Mostly it has to do with the 17 drugs. 18 COMMISSIONER BALDWIN: Where is that, though? 19 That's my question. 20 COMMISSIONER OEHLER: It may not be in this month's 21 bills. 22 MS. HARGIS: They just picked it up, I think, 23 either Thursday or Friday. It's about $1,000, I think. 24 COMMISSIONER OEHLER: Yeah. 25 JUDGE TINLEY: By way of information. 2-25-13 101 1 COMMISSIONER BALDWIN: Where will it come out of? 2 MS. HARGIS: Their budget. 3 COMMISSIONER BALDWIN: Whose? 4 MS. HARGIS: Animal Control budget. 5 COMMISSIONER BALDWIN: Okay. 6 JUDGE TINLEY: The -- the vendor that they obtained 7 that new safe from that now suits their needs -- 8 COMMISSIONER BALDWIN: Good story. 9 JUDGE TINLEY: -- got back on the radar screen, and 10 they had quite a large quantity of pet food that they donated 11 to the facility, almost enough to offset, in terms of value, 12 the entire cost of that safe. And the good news is that 13 they're now on the radar screen of that vendor, who has said 14 they want to -- they want to participate going forward on 15 providing pet food in the future, excess broken bags, things 16 like that that they get donated. The bottom line is, they 17 established a relationship that is probably going to be, from 18 a financial standpoint, a positive relationship. And -- 19 COMMISSIONER OEHLER: Save us a bunch of money on 20 dog food and cat food. 21 COMMISSIONER BALDWIN: That is great. That's 22 great. 23 JUDGE TINLEY: That's Tractor Supply that has 24 stepped up. And there was a tremendous amount of pet food 25 that -- that they packed in there that -- that the Tractor 2-25-13 102 1 Supply donated, and so overall, it's one of those win-win 2 deals. 3 COMMISSIONER MOSER: Is that our local Tractor 4 Supply? 5 JUDGE TINLEY: Yeah. Oh, yeah. 6 COMMISSIONER MOSER: Or bigger? 7 JUDGE TINLEY: No, local. 8 COMMISSIONER MOSER: Big Tractor Supply? So, it's 9 local. 10 JUDGE TINLEY: No, it's our local folks right here. 11 COMMISSIONER MOSER: Super. Fantastic. 12 MS. HARGIS: I would like to mention also with 13 regard to Animal Control, they need newspapers, and we're 14 going to send out an e-mail, and I don't know if we did it or 15 not, because I was not here Friday; I had a meeting. But 16 they need newspapers, so any of you that have newspapers, if 17 you'll bring them to my office, put them in the recycle bin, 18 we'll make sure that they get them. 19 COMMISSIONER OEHLER: To line the bottom of cages 20 with. 21 MS. HARGIS: Yeah. 22 COMMISSIONER MOSER: Now, a lot of -- well -- 23 MS. HARGIS: They had a source. 24 COMMISSIONER MOSER: We take ours to recycle. I'd 25 just as soon go by there periodically and drop them there. 2-25-13 103 1 Is that the desired thing? 2 MS. HARGIS: That's what we'd like. 3 COMMISSIONER MOSER: Super. 4 COMMISSIONER OEHLER: As long as they get them, 5 they don't care how they get them. 6 MS. HARGIS: We took them from my house over there, 7 so we do the same thing. We had a whole lot. So -- but they 8 do need them for the cat cages. 9 COMMISSIONER OEHLER: I was unaware of it till last 10 week; she told me she needs newspaper. She'll probably have 11 more newspapers than she can handle now. 12 COMMISSIONER MOSER: One -- one thing. I've 13 noticed that some newspaper facility out there where -- 14 highway -- right across from Union Church. I've seen them 15 take tons of newspaper and put it in the dumpster out there. 16 I'll go by there and see if -- who that is and what they're 17 doing. But that may be more than they'll ever need. 18 COMMISSIONER OEHLER: Yeah. 19 COMMISSIONER MOSER: Okay. 20 JUDGE TINLEY: Okay. Reports from elected 21 officials? Department heads? 22 MS. PIEPER: We have the company in today that 23 started tearing down the roll bin, so Rusty should get it in 24 a couple of days. 25 JUDGE TINLEY: Those are the rolling files? 2-25-13 104 1 MS. PIEPER: Mm-hmm. 2 JUDGE TINLEY: Going to the Sheriff. 3 SHERIFF HIERHOLZER: Jail population this morning 4 was about 134, with 27 females. Still high on females. 5 We're still using up 16 male beds for females for proper 6 classification. I don't know if we'll ever get those beds 7 back to being males. But -- and other than that, like 8 Jonathan said, the wind right now, we've lost power out there 9 at our facility, and we lost a roof going towards Ingram on 10 Highway 27, which it was shut down for a while, so there's 11 going to be a lot -- lots of alarm calls and trees down 12 everywhere. 13 COMMISSIONER MOSER: Tree's across the road on 14 Wharton Road. 15 SHERIFF HIERHOLZER: We're going to be there. 16 Going to be busy. 17 COMMISSIONER BALDWIN: And the burn ban is on 18 county-wide, of course. 19 SHERIFF HIERHOLZER: Yeah. They had to send the 20 fire truck to County-owned property a while ago for a mulch 21 fire. 22 JUDGE TINLEY: Okay. Is that it? Auditor? 23 MS. HARGIS: On behalf of John Trolinger, who is 24 our I.T. director, he wanted y'all to be aware that in the 25 bills today, we're paying for the new software system for the 2-25-13 105 1 Tax Office, True Automation, so we're supposed to be trained 2 on that on Friday and put it online, I think, the 1st of 3 April, I believe is the goal to do that. So, it's about 4 $30,000, so he wanted you to be aware of that. 5 JUDGE TINLEY: That's the interface system with 6 KCAD, isn't it? 7 MS. HARGIS: Mm-hmm. 8 JUDGE TINLEY: Okay. Okay. 9 SHERIFF HIERHOLZER: Judge, so you know, I just got 10 a message that the fire at the county park is out of control. 11 JUDGE TINLEY: The fire at the county park? 12 MR. HENNEKE: Flat Rock. 13 COMMISSIONER MOSER: Which park? 14 MR. HENNEKE: Flat Rock. 15 SHERIFF HIERHOLZER: Flat Rock. 16 COMMISSIONER BALDWIN: I think that would be 17 Precinct Number 2. 18 COMMISSIONER MOSER: That's Number 2? No, we 19 changed that to 1 this past week. 20 SHERIFF HIERHOLZER: They had Kerrville Fire 21 Department and Center Point on scene. 22 JUDGE TINLEY: Okay. Okay, we got anything else to 23 come before us today on this agenda? We're adjourned. 24 (Commissioners Court adjourned at 11:40 a.m.) 25 - - - - - - - - - - 2-25-13 106 1 STATE OF TEXAS | 2 COUNTY OF KERR | 3 The above and foregoing is a true and complete 4 transcription of my stenotype notes taken in my capacity as 5 official reporter for the Commissioners Court of Kerr County, 6 Texas, at the time and place heretofore set forth. 7 DATED at Kerrville, Texas, this 28th day of February, 8 2013. 9 10 JANNETT PIEPER, Kerr County Clerk 11 BY: _________________________________ Kathy Banik, Deputy County Clerk 12 Certified Shorthand Reporter 13 14 15 16 17 18 19 20 21 22 23 24 25 2-25-13